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CAN ANYONE HELP PLEASE???

  • shrimp
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13 years 2 months ago #41957 by shrimp
CAN ANYONE HELP PLEASE??? was created by shrimp
hi everyone
happy new year - not been on here for long time...got few questions but will try not to make post too long and bore you all..but please take time to read and help if you can..... ;)
I am incap benefit as after c section feb 07 some medical problems crept back and have fibromyalgia, have all over body pain especially bad pain/weakness hands and feet, take tramodol, melatonin, citolpram stopped amitrip as too much weight gain, however tramadol not doing much so got morphine patches to try - partner now given up work as have twins nearly 4 yrs and with fibro dont know how am going to be day to day ie in bed, cant walk, or okish day overdo it and knock myself out for few days ...DOH....anyway, bored out my mind and would love to go back to work but nothing would quite suit me now !!!....i am thinking about opening ebay shop and trying to make some money buying/selling - BUT would this be allowed under the permitted work for incap as if it doesnt work out then am stuck tight !!!??? am going to ring and ask but wondered if anyone could give any advice ????
2nd question - partner self emplyed but now packed up work due to depression and stress looking after me/house/kids etc etc so gp signed him off and stuck him on anti depress but cant take cos one of us needs to be of sound mind !!...he applied and got NI contribution ESA but then went on medical and obviously physically he is capable of work but due to whats happening with me he cant - have no one else to help out.....i get high rate DLA mobility and low rate care (got high last year but nothing changed) didnt want to challenge again as might take all away....(said no on renewal),,anyway his ESA now stopped - what benefit could he try for now? both worked all our lives so benefit system out of our depth.....we own house and do have savings which are dwindling fast... ;)
appreciate your help and thanks for reading
mich xx

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13 years 2 months ago #41964 by Crazydiamond
Replied by Crazydiamond on topic Re:CAN ANYONE HELP PLEASE???
In answer to your first question, it may be worth looking in the work resources section and scroll down to the 'Permitted Work' guide HERE.

In response to your second question, as your partner's ESA has been terminated, is he able to appeal the decision? In order to do so, he would have to submit an appeal within 28 days of the date on the decision letter. If he is outside the appeal period he could try and lodge a late appeal, although there would need to be extenuating circumstances for a late appeal to be accepted.

There are two possible further options available. If your partner has suffered a significant deterioration in his medical condition since the date of the previous adverse ESA decision, then he could claim ESA immediately, otherwise he will have to wait for a period of 26 weeks before he can claim again. Alternatively, he could submit a claim for Jobseekers Allowance, although he would have to be available to seek employment in order for the claim to succeed.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • shrimp
  • Topic Author
13 years 2 months ago #41969 by shrimp
Replied by shrimp on topic Re:CAN ANYONE HELP PLEASE???
thank you so much - that 6 page form was very helpful, it looks like i might be able to do it then, will ring my dwp office tomorrow
as for partner - he would be able to work if he didnt have to look after me/house/kids if all of us that made him stressed/depressed !!!!!....not able to be left on own as can go to bed due to exhaustion at any time and cant leave kids on own, also danger to myself trying to open things and cant etc = have days when need help toilet etc - just dont know how am day to day......will ask for advice about this tomorrow also
thank you again
shrimp xx

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