Pathways to Work - but already have an employer

I've been moved from IB to ESA and now face my first Pathways to Work interview. My position is that I have an employer and that I'm off long-term sick and get paid a small amount through their insurance company and the ESA makes up the statutory sick pay element.

Putting aside the fact that I'm too ill to work, I'm wondering how I can promise to look for work or retrain when I already have an employer?

Even if forced, they won't take me back as my doctor continues to sign me off sick.

Has anyone else been in this position?

On the first point, how have you been moved from IB to ESA in view of the fact the migration process has not yet started?

Insofar as the Pathways to Work interviews are concerned, due to the absurdity of these interviews, they are also intended to ascertain how long it may be before you return to your present job, despite your ongoing medical condition.

The PTW interviews whilst they are mandatory, you don't have to actually take up any of the measures included in the action plan discussed at the WFI. Therefore, if you are deemed medically unfit for work, until decided otherwise by the DWP, you are entitled to claim your full benefit entitlement.

Hi keddi, This does sound strange do you have a trade union where you work?(i know you are sick at present) but some unions have free advice on welfare rights etc, just a thought. Best Wishes

To clarify, I was on IB and then failed a 2nd medical which I am appealing (the tribunal backlog is about 6 months) and have moved over to ESA in the meantime. So the DWP has said that I am fit for work, although my doctor has said otherwise. So am now worried that based on this they will start making silly demands.

At the interview, do people think I should be very clear and say that I am very ill and there is no chance of recovering in the near future (true) and so there is no point of me looking for work or should I play along and appear interested in working in the near future?

Re Trade Unions - I stayed in the union for two years after I became ill but then stopped paying subs last year unfortunately.

keddi wrote:

To clarify, I was on IB and then failed a 2nd medical which I am appealing (the tribunal backlog is about 6 months) and have moved over to ESA in the meantime. So the DWP has said that I am fit for work, although my doctor has said otherwise. So am now worried that based on this they will start making silly demands.

At the interview, do people think I should be very clear and say that I am very ill and there is no chance of recovering in the near future (true) and so there is no point of me looking for work or should I play along and appear interested in working in the near future?

Re Trade Unions - I stayed in the union for two years after I became ill but then stopped paying subs last year unfortunately.

As you failed an IB medical assessment and you are appealing the decision, you should not have been moved to ESA, but instead subject to satisfying the conditions of entitlement, should have been advised to claim reduced rate Income Support or JSA on which you could have placed reasonable restrictions on any work you could undertake pending the outcome of your appeal.

Assuming you are claiming ESA at the assessment rate, you could eventually be placed in a position where you have to appeal an adverse decision arising from an ESA medical assessment, in addition to your ongoing IB appeal.

In view of the fact that the ESA migration for the majority of IB claimants will not take place until March 2011, you may wish to take this matter up with the JCP/BD office which deals with your IB appeal/ESA claim, and query their decision to transfer to the allowance before the specified date for migration?

When I failed the IB medical I received a letter telling me to I needed start work. My initial thoughts were I would be without money, but then I read somewhere that I would be eligible for ESA, which was confirmed when I called the DWP. Income Support or JSA was never mentioned as an option. So I applied for ESA myself. If I hadn't called them I would have no money at all.

Also, I think I may not have got Income Support due to my partner's earnings.