ESA Appeal

I am in the process of appealing against my ESA claim. I was deemed to have no limited capability for work and therefore cannot claim ESA for 6 months. I believe I have a limited capacity for work - I am unable to do manual work due to back problems and an operation in December 2009. I am a lorry driver by profession and lots of lorry driving jobs involve a certain amount of manual work. I have been offered a job just driving with very limited manual work which I believe I will be able to do. Should I continue with my Appeal. My concern is that if I do not and the job I have been offered proves too much ie. my back problem deteriorates then I will be unable to claim any benefits - I wish them to realise that yes there are jobs I can do and want to do but these jobs are limited due to my back problems. Can I continue with the Appeal and work or will they just say as you are working you obviously do not have limited capability. Any advice would be greatly appreciated

Hi,

I'm afraid we can't advise you whether or not to take a job.

But the decision about your capability for work is not based on whether you can carry out specific types of job, it's based on the which descriptors apply to you in the work capability assessment.

So if your back problem causes you difficulty with bending or kneeling, sitting, standing, walking etc and as a result you are assessed by a decision maker or tribunal as scoring enough points under the limited capability for work assessment then you will be found to have limited capability for work.

The fact that there are specific jobs that you could do or couldn't do isn't relevant.

In relation to your appeal, the tribunal have to assess you as you were at the time of the decision, not at a later date.

Good luck,

Steve