ESA claim

I have just had my ESA claim disallowed and informed I am fit to work. I am employed as a lorry driver emptying septic tanks which can and normally does involve lifting heavy covers and carrying pipes etc. To cut a long story short I had back surgery in December 2009 and at the follow up meeting with the Consultant was informed that the back surgery was successful in stopping the leg pain but with regard the actual back pain I would have to live with this and continue taking medication. The only points I achieved at the medical were for my hearing (9) points - I received no points whatsoever in the areas I would have thought I would have got points ie. being able to walk without being in discomfort. I am stuck between two stones - I cannot do my present job, I cannot claim JSA as I am employed - if I appeal and did lose would I have to pay back any ESA paid to me during the Appeal process. I do want to work but feel I have limited capability of what type of work I can do. How is limited capability for work actually assessed

sandie wrote:

I have just had my ESA claim disallowed and informed I am fit to work. I am employed as a lorry driver emptying septic tanks which can and normally does involve lifting heavy covers and carrying pipes etc. To cut a long story short I had back surgery in December 2009 and at the follow up meeting with the Consultant was informed that the back surgery was successful in stopping the leg pain but with regard the actual back pain I would have to live with this and continue taking medication. The only points I achieved at the medical were for my hearing (9) points - I received no points whatsoever in the areas I would have thought I would have got points ie. being able to walk without being in discomfort. I am stuck between two stones - I cannot do my present job, I cannot claim JSA as I am employed - if I appeal and did lose would I have to pay back any ESA paid to me during the Appeal process. I do want to work but feel I have limited capability of what type of work I can do. How is limited capability for work actually assessed

If you appealed the adverse ESA decision, there would be no overpayment as ESA would continue to be paid at the assessment rate until your appeal was heard and decided by the tribunal. Therefore there is no question of repayment of ESA in the circumstances.

Further information about ESA can be found in the ESA resources area HERE.