Conundrum for ESA/JSA

I have my medical assessment this Thursday...nerves have kicked in already to prepare for it. My question is this:

When I was made redundant a year ago this month, I decided that I could work for a couple of mornings or afternoons so registered self employed. Whilst I have had no work for 6 months now...(no enquiries) if (and it really is IF!) I fail the medical assessment test, will I likely be put onto JSA even though I am still technically self-employed?

I appreciate nothing is happening on this SE front so the alternative to ESA is confusing me a bit.

My SE work is from home, as a consultant, writing systems and procedures for companies, which is work that I can still do although I wanted to limit the time to just a couple of mornings or afternoons...absolutely no more.

Thanks in anticipation of an answer.

BTD

Hi BTD

If you fail the medical they can’t put you on JSA, it’s your choice whether to claim JSA or appeal and stay on ESA.

If you’re wondering whether you would qualify for JSA whilst self-employed, as far as I know you can claim JSA as long as you are actively seeking work and working no more than 16 hours a week. You have to declare what you have earned in the two-week period that you are signing for each time you sign on.

I’m not sure how that would work for someone who’s self-employed. I did enquire a long time ago when claiming JSA about working from home for a few hours a week and I was given the above answer. The problem is if somebody commissions you to complete an assignment and you spend 5 hours on it in one week, you can’t work out how much money you’ve earned until you know how many hours it took to complete it, and the amount of expenses occurred.

Try not to worry about the medical, just have a look in the guides about the likely questions you could be asked and you will probably find you have a simple answer to most questions.

I had my medical a few days ago and I was assessed by a beautiful young Spanish doctor who made me feel at ease throughout the medical. She didn’t ask me the question I was dreading, which was ‘would you like to go back to work?’

I think it is a trick question. Almost everybody on ESA would like (to be well enough) to go back to work and could assume that’s what the doctor meant. But give a straight ‘yes’ and you could be considered fit for work. A straight ‘no’ and you could be considered work shy. And if you have mental health problems and you ask the doctor to clarify the question, it demonstrates a level of awareness and concentration. One way or another my answer could have been used against me but thankfully I was not asked.

Best of luck on Thursday, let us know how you got on.

Derek

I think it is a trick question. Almost everybody on ESA would like (to be well enough) to go back to work and could assume that’s what the doctor meant. But give a straight ‘yes’ and you could be considered fit for work. A straight ‘no’ and you could be considered work shy. And if you have mental health problems and you ask the doctor to clarify the question, it demonstrates a level of awareness and concentration. One way or another my answer could have been used against me but thankfully I was not asked.

Is there a correct answer to that?

Be sorely tempting (though probably mad!) to offer a response from Father Ted....

Dear Derek

Thank you that was really helpful. Despite every effort it has not been possible to arrange anyone to come with me as a witness.

This concerns me greatly because I am fearful over the many untruths I have read about concerning the ATOS medical report.

I have also been given my first appointment for the 'pathways to work' interview towards the end of the month. Thursday is approaching however for the medical and I fear I am simply not bright enough to work out what answers can be completely misconstrued against me.

Oh well, it will be what will be. It has taken many years of fighting this dreaded disease to get where I am today. I even gave up playing golf 15 years ago, at that time I had no idea what was causing so much pain, I imagined it was just the sport and me...I found out why some time after my very last game.

I even tried a gym for 9 months in the hope my joints might improve with some muscle support...no way jose, the pain was far too much so stopped about 18 months ago. That was my last effort.

Geez, I hate being this way.

BTD

Hi BTD

I recorded my medical on an old MP3 player. Unfortunately the USB connection had stopped working two days before the medical so I can only listen to it and not copy it onto my computer. I can hear myself and just about hear the doctor. Hopefully you have a more reliable device.

I wouldn’t worry too much about the medical report if I were you. Medical reports not only contain untruths, but also contradictions and inconsistencies that can easily be challenged and ridiculed on appeal. This will be the case regardless of what you say at the medical. I can’t wait to get the report to see how much TV I watch!

The only advice I can give is that if the doctor just sits there asking you questions about what you can do; just make clear the extent to which you are able to do it, the difficulty you have, the pain you are in, and what you can’t do. Hopefully if this information is not noted it will be backed up by your ESA50.

Best of luck

Derek

Thank you Derek...God bless.

BTD