ESA after sick pay has ended

SFcBlaze · Post by **SFcBlaze** » 18 Jan 2016, 12:58

I was told to claim Employment and Support Allowance after I no longer qualified for sick pay by Royal Mail. ESA want to do an assessment to see what limited capabilities I have to work. Can they insist that I find alternative work or can they insist that Royal Mail find me suitable work until I have recovered enough to return to normal duties?

Post by **spiderj** » 18 Jan 2016, 14:08

SFcBlaze wrote:I was told to claim Employment and Support Allowance after I no longer qualified for sick pay by Royal Mail. ESA want to do an assessment to see what limited capabilities I have to work. Can they insist that I find alternative work or can they insist that Royal Mail find me suitable work until I have recovered enough to return to normal duties?

1st 12 weeks is assessment phase then you'll go for an interview with a medical person.you will then be told whether younar in support or other group.check DWP.gov.UK for all info.

IcanthelpthewayIam · Post by **IcanthelpthewayIam** » 18 Jan 2016, 16:12

They have no power to insist that Royal Mail find you alternative work,

As this is about a broken leg and seems to be taking a very long while to heal, I would ask to be re referee to oh assist by your Dom, they may now be of the opinion depending on how long the recovery time is, that you now qualify as being considered "disabled" under the terms of the equalities act, in which case then Royal Mail would be duty bound to try and make reasonable adjustments to get you back to work

SFcBlaze · Post by **SFcBlaze** » 18 Jan 2016, 16:40

Thanks for your replies. I'm worried that ESA will be stopped as I am able to do almost anything, except walk. I am having dressings done weekly now (basically my heel rotted away under the cast) , still taking strong painkillers and back on antibiotics. Progress is slow with as yet no end in sight. Just had blood tests to check for bone infection. Has been 8 months of sheer hell and I am so fed up. ATOS have been in touch but are awaiting medical records from the hospital. They haven't put me forward for physio as I am under the care of the hospital for physio. I do feel Royal Mail gave up on me a long time ago and are quite happy to leave me at the mercy of DWP and NHS.

Post by **spiderj** » 18 Jan 2016, 16:47

If you can't walk you can get contributions based ESA for up to 12 months.

If leg broken at work claim industrial injuries benefit also,see DWP asap as claims can take a wee while,copy all paperwork and don't hesitate to appeal when they say you can work.

SFcBlaze · Post by **SFcBlaze** » 26 May 2016, 12:06

Update

Getting ESA and Industrial Injuries benefit. Have had 2 assessments. 1st one I was assessed as 25% disabled. April 2016 assessed at 30% disabled and will be assessed again in April 2017. Physio have advised I may always have a limp but the main thing is to get me walking again and may take up to a year. Have an appointment with OH Assist in June. Depressed and in pain.
Royal Mail denied liability as they state they are unable to risk assess every property so Irwin Mitchell not willing to pursue for compensation. Royal Mail have tried to find suitable work for me, nothing available.

yellowbelly · Post by **yellowbelly** » 26 May 2016, 17:31

SFcBlaze wrote:Update

Getting ESA and Industrial Injuries benefit. Have had 2 assessments. 1st one I was assessed as 25% disabled. April 2016 assessed at 30% disabled and will be assessed again in April 2017. Physio have advised I may always have a limp but the main thing is to get me walking again and may take up to a year. Have an appointment with OH Assist in June. Depressed and in pain.
Royal Mail denied liability as they state they are unable to risk assess every property so Irwin Mitchell not willing to pursue for compensation. Royal Mail have tried to find suitable work for me, nothing available.

Just thinking - was the owner of the property negligent is some way thereby having some degree of responsibility for your injury? If so,
thinking you might have a case for compensation against the owner, but as you've mentioned solicitors I'm assuming you've been down that route
already.....

http://www.thompsons.law.co.uk/other-ac ... advice.htm" onclick="window.open(this.href);return false; - just for general info, not recommending them or anything.

Post by **spiderj** » 27 May 2016, 17:47

Apply for PIP

SFcBlaze · Post by **SFcBlaze** » 17 Jul 2016, 23:39

spiderj wrote:Apply for PIP

Have got Pip appointment 19th July.
I accepted IHR from Royal Mail. I signed the paperwork and my employment ended apparently on the 8th July with IHR payment to be paid 17th July. (strange being a Sunday). As yet no IHR payment and no confirmation from Royal Mail whether I am an employee still. Not heard anything from them and no P45 received. Has been a very long 14 months since my incident.

ROYALMAILCHAT