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ESA medical with fit note & phased return to work
- adsart
- Topic Author
8 years 1 month ago #153155 by adsart
ESA medical with fit note & phased return to work was created by adsart
Hello - I'm a new member, although I've been 'lurking' for a while.
I have a question about ESA. I've been off work since early May 2015. I'm still on my employer's sick pay and have not been dismissed from my job on health grounds. My salary went down to half of normal after I'd been off for 6 months. This will run out after April 2016.
However, my condition is now improving and I'm planning on starting a phased return to work from 17 April 2016.
I've been claiming ESA since early November 2015. I have an appointment for an ESA medical in a few days' time.
I could do with ESA remaining in place until my salary returns to normal. When I start the phased return I'll only get paid for the hours I work which will be about 6 hours a week, certainly for the first two weeks anyway, then gradually increasing.
I will be covered by a doctor's fit note during my phased return to work.
My questions are:
Can the DWP cancel my ESA even though I am covered by a doctor's fit note until my projected start date for a phased return to work?
If I tell the ESA assessor that I'm improving and planning on returning to work in mid-April, will they cancel the ESA anyway?
Can ESA be paid during a phased return to work, e.g. until my salary returns to normal?
I think that's it for questions. If anyone has any other experience of this kind of situation, please let me know how you got on.
Many thanks in advance for any replies!
I have a question about ESA. I've been off work since early May 2015. I'm still on my employer's sick pay and have not been dismissed from my job on health grounds. My salary went down to half of normal after I'd been off for 6 months. This will run out after April 2016.
However, my condition is now improving and I'm planning on starting a phased return to work from 17 April 2016.
I've been claiming ESA since early November 2015. I have an appointment for an ESA medical in a few days' time.
I could do with ESA remaining in place until my salary returns to normal. When I start the phased return I'll only get paid for the hours I work which will be about 6 hours a week, certainly for the first two weeks anyway, then gradually increasing.
I will be covered by a doctor's fit note during my phased return to work.
My questions are:
Can the DWP cancel my ESA even though I am covered by a doctor's fit note until my projected start date for a phased return to work?
If I tell the ESA assessor that I'm improving and planning on returning to work in mid-April, will they cancel the ESA anyway?
Can ESA be paid during a phased return to work, e.g. until my salary returns to normal?
I think that's it for questions. If anyone has any other experience of this kind of situation, please let me know how you got on.
Many thanks in advance for any replies!
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- Gordon
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8 years 1 month ago - 8 years 1 month ago #153158 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA medical with fit note & phased return to work
adsart
I'll try and answer your questions as asked.
Yes, if following the assessment you are found Fit for Work.
It may influence how they look at your problems, but the ESA criteria are very specific and you should be assessed against them. So if you still meet the criteria then you should receive an award. If you don't then you will not!
There are lots of issues with this. I would not expect your employer to let you back to work unless your GP certifies you as fit, this would have implications even if you received an award for ESA.
You can do Permitted Work but there are limitations on how much you can earn and the number of hours that you can do, whether this was immediately you return to work or later, would depend on the circumstances.
There would certainly be a point where you could no longer claim ESA.
Gordon
I'll try and answer your questions as asked.
Can the DWP cancel my ESA even though I am covered by a doctor's fit note until my projected start date for a phased return to work?
Yes, if following the assessment you are found Fit for Work.
If I tell the ESA assessor that I'm improving and planning on returning to work in mid-April, will they cancel the ESA anyway?
It may influence how they look at your problems, but the ESA criteria are very specific and you should be assessed against them. So if you still meet the criteria then you should receive an award. If you don't then you will not!
Can ESA be paid during a phased return to work, e.g. until my salary returns to normal?
There are lots of issues with this. I would not expect your employer to let you back to work unless your GP certifies you as fit, this would have implications even if you received an award for ESA.
You can do Permitted Work but there are limitations on how much you can earn and the number of hours that you can do, whether this was immediately you return to work or later, would depend on the circumstances.
There would certainly be a point where you could no longer claim ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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- adsart
- Topic Author
8 years 1 month ago #153197 by adsart
Replied by adsart on topic ESA medical with fit note & phased return to work
Thanks for the info and quick reply!
best wishes
Ad
best wishes
Ad
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