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TOPIC: under surgeon sick note, called for medical

under surgeon sick note, called for medical 6 days 7 hours ago #170821

Hi, my husband had an accident just over a month ago, and had surgery on his knee for a torn quad. He has claimed ESA contribution based, and has had 3 weeks of payments. He has already had to fill in an ESA 50 and has now been called for a medical already! his surgeon has said that recover will prob take 4 months, and so far he has had sick notes from his consultant surgeon to cover the time he has been off of work. My question is can the medical assessment force his to do some kind of work? he is self employed handyman window fitter, and we hope he will be returning to this work after his 4 months recovery, but my husband is worried the medical will over ride the sick note given by his surgeon.

I am used to the claiming process as I have chronic renal failure and I am in the support group, so I am used to how to treat these tests, but he is in a very different situation to mine, as he has work to return to when he is better. Also what will be the use of him attending work related meetings if he is called for one, does anyone who has been self employed and attended one of these? thanks in advance
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under surgeon sick note, called for medical 6 days 7 hours ago #170824

Hi Julie,

I'm sorry to hear about your husband's accident :(

The ESA assessment process has speeded up a lot. A while ago, people in your husband's situation would be back at work long before they would be due for a face2face!

A sicknote/fiTnote is essential to start an ESA claim. However, it is now up to the assessor/decision maker to decide whether he meets the specific ESA descriptors. As you know, these are very specific and have little to do with whether someone is fit for work!

The ESA guide explains the points system and what to expect at the face2face. It is worth your husband reminding himself of these before he attends the assessment.

ESA claims and appeals

No-one can force your husband to do any kind of work. However, if his ESA claim fails the reality is that he would have to sign on for JSA if he/you need money to live on!

It is an anomaly of the system that someone with a job awaiting their return still has to undertake work focused interviews/activities if allocated to the Work Related Activity Group. However, one hopes that any JobCentre adviser would take a sensible approach in these circumstances!

May I suggest that you favourite/bookmark this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your husband's ESA without having to start a new topic each time. You probably remember that we strongly prefer everything relating to the same claim to be kept to one topic :)
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 6 days 7 hours ago by Mrs Hurtyback.
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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