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ESA - Job before assessment

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11 years 3 months ago - 11 years 3 months ago #116902 by Lisa
ESA - Job before assessment was created by Lisa
Hi there, I have searched for the answer to this question and can't seem to find any information. I applied for ESA last June. I am still on the assessment rate and have not yet been seen by ATOS. My doctor is still signing me off as unfit to work.

I have really struggled with physical pain and due to this, depression, for the last year but I want to work or at least try to. Upshot is, I applied for the first job I have ever seen that I think I could physically cope with as it appears to suit my physical limitations and I have been offered the position. It is a full time post. What happens now? I've not yet been placed in a group so do I cancel my claim. How do they decide if I am owed WRAG or support group rates from week 13? Will they even consider this if I start work now? What happens if I start and cant cope and lose the job?

I'm trying not to think of worst case scenarios but I need to be prepared as I frequently go through phases where I cope a little better and then try to do too much and deteriorate rapidly. Im scared I will try, get really ill again and then lose any chance of support because I've tried. Sorry if this is confused,, Any advice for me?

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Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago - 11 years 3 months ago #116904 by bro58
Replied by bro58 on topic ESA - Job before assessment

Lds77 wrote: Hi there, I have searched for the answer to this question and can't seem to find any information. I applied for ESA last June. I am still on the assessment rate and have not yet been seen by ATOS. My doctor is still signing me off as unfit to work.

I have really struggled with physical pain and due to this, depression, for the last year but I want to work or at least try to. Upshot is, I applied for the first job I have ever seen that I think I could physically cope with as it appears to suit my physical limitations and I have been offered the position. It is a full time post. What happens now? I've not yet been placed in a group so do I cancel my claim. How do they decide if I am owed WRAG or support group rates from week 13? Will they even consider this if I start work now? What happens if I start and cant cope and lose the job?

I'm trying not to think of worst case scenarios but I need to be prepared as I frequently go through phases where I cope a little better and then try to do too much and deteriorate rapidly. Im scared I will try, get really ill again and then lose any chance of support because I've tried. Sorry if this is confused,, Any advice for me?


Hi L77,

Someone that I know, was in a very similar situation.

They started their claim for ESA circa Feb 2013, by June that year, they had still not been assessed under the WCA, and were still in receipt of assessment rate ESA.

They were offered a full time job in June, and took up the offer.

Within 5 weeks of taking up the job offer it was found that they could could not cope with it, and the employer finished them up.

As the time between closing their ESA claim to take up the job, and finishing the job was less than 12 weeks, they were allowed to reclaim ESA under the 12 weeks linking rule.

They were placed again on assessment rate, however, shortly after, they were assessed and placed into The SG.

Unfortunately, the SG component was only payable from the date of the decision after reclaiming, not from the start of week 14 of their claim as it would have been if they hadn't closed their claim, and had to reclaim within the 12 weeks.

So to reiterate, you could reclaim ESA without having to make a totally fresh claim as long as it was within 12 weeks of closing your ESA claim.

As you had not been placed into The WRAG or SG before closing the claim, if you were placed into either group after reclaiming within the 12 weeks, you would only receive The WRAG or SG component from the date of the decision, and not from the start of week 14 of your original claim.

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #116908 by intrested
Replied by intrested on topic ESA - Job before assessment
Hi
I hope you don't mind but I would give it some thought before you make your mind up as my son signed his self of the sick andwent fraining but this made his condion worse and is now back on the treadmill of trying to get benefits .everyone wants to try and work were possible but this new system does not help .
The following user(s) said Thank You: Lisa

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11 years 3 months ago - 11 years 3 months ago #116909 by Lisa
Replied by Lisa on topic ESA - Job before assessment
Thank you so much. I am not worried about losing out on the SG/WRAG rate difference - I am pretty grateful to have received what I have up to this point - I just wasnt sure if they had to make a final decision on a group for the period that it was claimed, if it was subsequently closed. If the 12 weeks passes but I then get poorly again is there a period of time for which a re claim is not allowed?

As an aside, the wealth of information provided here by the mods, which is very difficult to find elsewhere, never ceases to amaze me and it is very much appreciated

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago - 11 years 3 months ago #116912 by bro58
Replied by bro58 on topic ESA - Job before assessment

Lds77 wrote: Thank you so much. I am not worried about losing out on the SG/WRAG rate difference - I am pretty grateful to have received what I have up to this point - I just wasnt sure if they had to make a final decision on a group for the period that it was claimed, if it was subsequently closed. If the 12 weeks passes but I then get poorly again is there a period of time for which a re claim is not allowed?

As an aside, the wealth of information provided here by the mods, which is very difficult to find elsewhere, never ceases to amaze me and it is very much appreciated


Hi L77,

Just to clarify,

You can make a rapid reclaim if you do so within 12 weeks of closing your ESA Claim.

As advised by interested, you should consider this carefully before closing your claim.

If you are to close your ESA Claim to try employment, you should do so formally in writing. :

Sending Documents to the DWP or ATOS

The 12 week linking rule is covered in The DMG Memo below :

www.dwp.gov.uk/docs/m-14-12.pdf

As you will see the old 104 week linking rule is no longer applicable with ESA.

"PLCW" = Period of Limited Capability for Work. (i.e. Period of being unfit for work)

bro58
Last edit: 11 years 3 months ago by bro58.

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11 years 3 months ago #116913 by Lisa
Replied by Lisa on topic ESA - Job before assessment
Intrested - this is my major concern - I try to live a "normal" life and tend to make myself very ill. I have to stop, recover and then, once I start to mange a little better, I convince myself that I can do the stuff that made me ill all over again. It has been a vicious cycle for a many years. I have had a proper diagnosis in the last few years and am hoping that I am managing better because I have now learnt my limitations and am pacing life in a way I can cope with. I hop that this isnt another crash and burn cycle, hence why I am so scared about trying, but if I dont try, how will I know?! It is frustrating because as you say, this system just isnt designed for long term conditions that involve major flare ups. I dont know what to do :-(

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