Claiming ESA when not working. HELP!

[NotNewButNameChanged2023]

I’m not sure if I’m in the right forum but I’m desperately after some advice.

I have a chronic health condition which fluctuates and due to the stresses of my job, my health has been worsening over the last year and I ended up in hospital about 6 months ago in quite a bad way.

I had two months off sick before going back to work via Phased Return but after only two weeks back it was clear that I couldn’t cope (physically and mentally) and so I handed in my resignation. My resignation period was 8 weeks and I was signed off sick for the duration of it.

I was then advised by a relative that I could claim ESA for a 6 month period whilst I was wasn’t working for health reasons to help with the loss of my income.

I made the application and I had my first phone call from them two weeks ago where we discussed my application and the woman said there were two types of ESA groups I could go in to (one to do with getting back to work and the other is for people who aren’t fit to work) and that she’d phone me in another two weeks to have that discussion with me.

She then explained to me how much the ESA payment would be and how it would be paid to me.

Does anyone know the difference between the two ESA groups and how do they decided who goes in to which one?

She asked me what my plans to work were and at the moment I said my health is too unstable for it to be on my radar at present because of the symptoms I’m having and changes being made to my medication regime.

Alongside this, I am currently enrolled on a training course (100 hours study followed by exams) in a field of interest and I plan to use the qualification to go back into employment when the stability of my health has improved. This training course is all online so I can do it from home, it was paid for by me and I am not getting paid to do it. It’s purely a way of looking to get back into work early next year.

Will me doing this training cause an issue with my ESA claim or will it impact the group I’m placed in?

It wasn’t discussed in my initial phone call with the DWP as I didn’t think it was relevant as it makes no difference to my inability to work at this present time.

Now I’m wondering whether I need to tell tell them??

I’m worried though that they might say if I’m well enough to do 4 hours of online training a day then I’m well enough to be in paid employment.

Can anyone advise me or share their own experiences?

Thank you.

You can study while receiving New Style ESA.

The two groups you mention relate to how your claim is treated in the longer term. At present, as a recent(ish) claimant, you are in what ESA calls the Assessment Phase. During this time you will be asked to complete a Work Capability Assessment comprising a lengthy form about how your condition affects you followed, in most cases, by an assessment carried out by a DWP Health Care Professional.

As part of that process you can add your own evidence from your GP, Specialists etc.

Following the assessment there are three possible outcomes:

1. Fit for work. ESA stops but you can move to JSA
2. Not able to work now but may be able to do so with support etc. ESA calls this having Limited Capability for Work. No extra money
3. Not able to work or do any activity related to work. ESA calls this the Support Group. An extra component is paid taking the payment to £129.50/week.

Universal Credit uses a very similar process.

If you are not disqualified, eg by savings/capital, you may be able to get UC to top up ESA but claiming it may complicate the position as regards study, depending on your course.

Thank you for this - it’s been very helpful.

The woman I spoke to mentioned UC but I said because of my husband’s wage I don’t think it’s anything that would be applicable to me.

She also mentioned PIP to me but again I don’t think my disability is appropriate for that as inbetween flare ups I am well and live my life pretty normally.

With regards to the Support Group you mentioned where you said it means the applicant cannot do anything work related, would that not include training that will eventually get you back into work?

No, when you are in the support group you are allowed to study or undergo training.

My phraseology may have mislead....

If one is placed in the Support Group the DWP accept that, for reasons associated with your disability or health condition you cannot do work or work related activity.

That doesn't mean you cannot do some 'permitted work' though if you go over the limit ESA will be stopped.

Training should not be a problem but some assessors might think that if you can study you can work...

Such cases can be, and are, successfully appealed but doing so is a pain in the neck.

Before you have an assessment for ESA you will be sent a detailed form to complete and then you will have an assessment. This can take some time possibly months to be assessed. They are assessing you to see if you can do any kind of work. I'm not how the course could be viewed, perhaps best not to mention it.

Sorry I should have also said when you send in the form please try to send as much medical evidence as possible regarding your condition/ medications etc to stand the best chance of being put in the support group.

Thank you. I did query whether not mentioning the training was the best path to take but I don’t want to be making fraudulent claims and then get in trouble for it later down the line.

I’m currently on a toxic level of one of the drugs I take which was only detected when I started having new symptoms and I had to have 101 blood tests to try and find out why. Now they have found the reason for my extreme tiredness and new symptoms they are planning on reducing my dosage by 20% but with that comes the risk of another flare-up of my condition and possibly another hospitalisation.

I feel like I’m in a no-win situation.

I’m also on drug treatment for anxiety and have had two lots of CBT - my anxiety is related to having my condition as well as the stress work gives me and how that impacts my condition too.

My neurologist thinks that my last two flare-ups were trigger by anxiety / panic attacks. All of my episodes have happened when I’m in work.

Would a letter from my medical team explaining all this be helpful then?