already doing permitted work... (ESA)

Hiya Dave,

Yes I am paid to do this so it does count as a job (although of course I would do it if I wasn't getting paid). However, as I understand it if you already work you are not usually allowed to claim ESA, but because of the nature of my job I was told this is the reason why they have allowed it. This is why my situation is a bit different to any other I can find anywhere which makes it a bit tricky!

My point is yes I can do this "job", but it is all I can manage at the moment, i.e. I can't do any other job on top of this so them sending me to a back-to-work interview would be pointless at this moment in time.. I just don't know what to expect from it all really.

Hi Gordon, yes I have had a look through it it's very good, so glad I joined up and have access to it. Trying to get an appointment with my CAB too to see if they have any advice/can read through my form before I send it off but we'll see!

Really appreciate your thoughts on this guys!

Can I ask if there is any evidence, anecdotal or otherwise, that doing permitted work will go against a person in their ESA claim or is this an assumption (undrstandable if so given Atos's track record)?

many thanks

The danger of permitted work doesn't so much concern whether they will demand more work related activity, as the very question of whether you satisfy the ESA descriptors at all can arise , if your work related activities suggest that ESA scoring activities are now within your ability, I mean that you can undertake those descriptor described functions on a regular and repeated basis. It is something I wish all claimants of the benefit would appreciate, because many people think its marvelous that you can get the benefit and earn on top, and do not even think about the implications. Many peopole probably do permitted work for considerable periods without any problem but many almost certainly find it used against them. Even undisclosed hobbies have been used to found fraud cases, where the hobbies undermine the claimed impairments, and so it is perfectly natural the DWP/ATOS will reflect on the abilities to work shown by work itself, voluntary or permitted

ah yes, thanks for the replies and that link, I cant believe I forgot I'd already read that topic

froglegs wrote:

Can I ask if there is any evidence, anecdotal or otherwise, that doing permitted work will go against a person in their ESA claim or is this an assumption (undrstandable if so given Atos's track record)?

many thanks

In my opinion, I have never thought it was a good idea doing any kind of work whilst on IB or ESA, whether it be paid or voluntary work.

First and foremost, the DWP can draw negative inferences from a claimant's ability to work at the same time as claiming sickness benefits. I have seen numerous cases where usually after a period of time after initially allowing permitted work, the DWP have subsequently raised the question of this work being compatible with their claimed level of disability. This was in the pre-ESA days when the PCA could be initiated to effectively test the claimed level of disability. Of the cases I saw, the majority were IB mental health claims. The claimants didn't necessarily have their benefit IB entitlement terminated, but it inevitably resulted in the cessation of their employment in order not to jeopardise their IB claim.

I believe in the case of ESA any mention of permitted work would be a huge risk, especially in the light of the subterfuge surrounding the recent questionable use of sanctions against JSA claimants, which was confirmed by the DWP despite the initial denial by IDS. This government are clearly hell-bent on using any 'excuse' to remove benefit entitlement, and any work incompatible with ESA may give them a reason to achieve their objective?