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Esa from self employment

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2 years 11 months ago #268367 by Royf
Esa from self employment was created by Royf
Hi.
Ive recently become unwell with Angina, Kidney disease and arthritis. Ive now been given a diagnosis of LupuS SLE. Ive been a self employed Painter and decorator for a good few years now. But ive had to make a claim to esa which was started in January.
Ive got to get my ESA50 in by the 18th March. My question is I reach 66 years old this coming July. Im hearing of delays to the procedure and just wondered if they'll even get round to making a decision by July and if they do I expect it will be to go into the work group. Will they really expect me to jump through hoops to try and get alternate employment when i may only have a couple of months left to retirement? Whos going to employ and old duffer with my medical record, I sometimes cant even get oout of bed somedays im so fatigued.

Dont need this stress but need the small amount of benefits till i get my state pension....

thanks for listening.

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2 years 11 months ago #268396 by Gary
Replied by Gary on topic Esa from self employment
Hi Royf

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is.

Welcome to Benefits and Work

There are two parts to the work capability assessment :-

The first part looks at whether you have 'limited capability for work' (LCW)
The second part looks at whether you have a 'limited capability for work related activity' (LCWRA)

1) Limited Capability for Work
Assessment to help determine benefit entitlement based on the extent to which a claimant’s health condition or disability affects their capability for work

2) Limited Capability for Work-Related Activity
Assessment to help determine whether the claimant can be placed in the Support Group because the effect of their condition is so severe that it would be unreasonable to expect them to engage in work-related activity.

You will be found to have limited capability for work and work-related activity if:

* at least one of the LCWRA descriptors applies to you for the majority of the time or on the majority of the occasions that you try to carry out the activity;
* your capability for work and work-related activity is limited; and
* it is not reasonable for you to carry out the activity.

To be assessed as having a limited capability for work, you need to score 15 points or more. Add together the highest score from each activity that applies to you.

The following criterion can only be considered once it has been determined that the claimant has not scored fifteen or more points against the schedule 2 descriptors (limited capability for work), and/or they have not scored against one or more of the schedule 3 descriptors (limited capability for work and work-related activity).

* if, because of a specific health condition or disability, the physical or mental health of the claimant or anybody else would be at risk if they were not found to have limited capability for work-related activity 

In order to qualify for the Support/LCWRA Group you need to;

* meet one or more of the relevant descriptors, or
* meet one of the associated Exceptional Circumstances rules.

The Support/LCWRA Group descriptors and the Exceptional Circumstances are listed in the Claiming ESA guides in the members area.

I cannot tell you how long it will take to get a decision as it varies across the region from a few weeks to many months.

Have you applied for PIP, if you have not try our PIP self tester to see if you may be eligible. Once you reach state pension age you will not be able to claim PIP, unless you are already in receipt of PIP or have applied for PIP before you reach state pension age; www.benefitsandwork.co.uk/personal-indep...nt-pip/pip-self-test ... go to the bottom of the page.

Gary

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

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