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Permitted Work query

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12 years 7 months ago #67248 by mermaid
Permitted Work query was created by mermaid
I am not sure if this question is relevant to Permitted Work, but it may be. I have read the booklet and have done a search but could not quite find what I was looking for.

Is it possible to claim ESA if you are already doing a little work, but it would only be a few hours worth maybe because your health did not enable you to do more.

For example you might have a job of only, say 6 hrs per week which you want to do but it is not enough to live on, but it is all you are able to do because of pain, fatigue etc.

If you then put in a claim for ESA how would that be regarded? Would they perhaps accept your application for ESA and then consider it Permitted Work if you 'passed' the medical assessment, or more likely would they just decide you were fit for work?

Are you in fact permitted at all to put in a claim for ESA if you are doing ANY work,even if only a few hours worth due to your health?

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12 years 7 months ago #67250 by Gordon
Replied by Gordon on topic Re:Permitted Work query
Mermaid

This is a bit of catch-22 situation.

I'm not sure that performing 6 hours of work would prevent you applying for ESA, however, you do need permission to carry out Permitted Work, which might take some time to be decided.

You most certainly would need to explain and offset your ability to carry out this work with your claim for ESA, and it is likely that both the ATOS "doctor" and the DWP Decision Maker will make assumptions as your capabilities, which may influence their opinions on whether you meet the ESA criteria.

Gordon

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

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11 years 2 months ago - 11 years 2 months ago #99097 by Helen Chapman
Replied by Helen Chapman on topic Permitted Work query
My son has a significant frontal lobe injury (head injury and meningitis). At present he is doing supported permitted work trying to 'make it' as a self employed artist (no income to date). He has been awarded middle level care and lower getting around DLA indefinitely and has just come up for ESA assessment. He is also significantly dyslexic and has dyscalculia He has night into day,problems with social interactions when he looses his temper, difficulty processing information (processing speed at 3rd centile - causes profound fatigue to the point of collapse) (in many ways he is like someone with autism), anxiety and mild agoraphobia. This means that some sort of self employment like this is his only option; he would not be able to cope in a 'standard' work environment. How will this impact on his ESA assessment?
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #99103 by Gordon
Replied by Gordon on topic Permitted Work query

HRC wrote: My son has a significant frontal lobe injury (head injury and meningitis). At present he is doing supported permitted work trying to 'make it' as a self employed artist (no income to date). He has been awarded middle level care and lower getting around DLA indefinitely and has just come up for ESA assessment. He is also significantly dyslexic and has dyscalculia He has night into day,problems with social interactions when he looses his temper, difficulty processing information (processing speed at 3rd centile - causes profound fatigue to the point of collapse) (in many ways he is like someone with autism), anxiety and mild agoraphobia. This means that some sort of self employment like this is his only option; he would not be able to cope in a 'standard' work environment. How will this impact on his ESA assessment?


OK, the first thing to ask is whether the DWP have confirmed that what he is doing is acceptable as Permitted Work?

If he is doing PW at the lower rate then I think it unlikely that it will have any impact, however, if he is classed as doing PW at the upper rate, even if he is not actually doing this in reality, then it is possible that both the ATOS assessor and DWP Decision Maker may make assumptions as to his capabilities.

The bottom line is that there are so many factors to take account of during a re-assessment, that it is really not possible to predict how the process will go, just make sure that the ESA50 is completed in as much detail as possible, and wherever possible provide medical evidence to support what is written.

Good luck

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.

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