Employment and Support Allowance (ESA)
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Need some advice with ongoing injury

Hi to the group,
I am a hgv driver and I fractured my L1 last july. over the last 8 months I am in constant pain with my hip
I have continued working trying to carry on but the pain is just to much
None on the medication work and currently on 1800mg gabapentin. The side affects means I cannot drive at all and make me spaced out.
I also need to be near a toilet due to more side affects I have a spinal surgeon appointment in July and the doctor has signed me off. They are talking about chronic pain syndrome 
My partner and I rent a house and she earns 26k but we are now both really struggling with the bills and rent 
I cant meet my debt and because of where I live the nearest village is 2 miles away with no bus route so i am a bit trapped.
Can I claim esa ? Neither of us claim anything. 3 weeks I laid off due to sickness leave
I cannot escape the pain no matter what I do so they are now looking to increase it again.

Many thanks

s.


Replies

  • poppy123456poppy123456 Community champion Posts: 21,208 Disability Gamechanger
    HI and welcome,

    Unless your self employed you need to look at claiming SSP from your employer, this is payable for 28 week. https://www.gov.uk/statutory-sick-pay

    3 months before that is due to end It will New Style ESA that you need to look at claiming but payment won't start until your SSP ends.  Whether you can claim it depends on your NI Contributions in the previous 2 tax years from April 2017 to March 2019.

    If SSP is not payable then of course it's New style ESA you need to look into now. A fit note will be needed to be able to claim this. It's not means tested and it pays £73.10 per week and is payable for 365 days unless placed into the support group.

    PIP maybe possible but this isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. Evidence will be needed to support your claim but also remember that not being able to work will not help your PIP claim because that's not what it's about. Info in link.

    Universal Credit is a means tested benefit and claiming this will depend on your circumstances. You will need to claim as a couple with your partner but their earnings may mean that you won't be entitled to anything. Using a benefit calculator will tell you if you're entitled to anything. If you claim this and New style ESA the ESA will be deducted £1 for £1 from your UC entitlement.

    Hope this helps.




    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Simon078Simon078 Member Posts: 3 Listener
    Thanks for the advice I will look further into it.
    There are people far worse off than myself lets all to stay safe in these difficult times.

    S.
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