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TOPIC: Working is not working out for me

Working is not working out for me 8 years 2 months ago #52677

Hi everyone- I started work as a telesales operator 3 weeks ago, I am finding that the job is too painful as I have to sit for four hrs without a break (only do part time),I now know that I've made a huge mistake by thinking I could fool myself that I could be "normal" and do this job, my problem is, if I stop work again would I have to go back to the lower rate of ESA?I was on the higher rate previously!

Mod edit: moved to questions forum

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Last edit: by Derek4.

Re:Working is not working out for me 8 years 2 months ago #52703

  • RachelPotter
Hi Lyn, I admire your courage. Found this on the DWP site;

We will transfer linking rules to the Employment and Support Allowance and will continue to consider, in the light of evidence, whether we can improve them yet further.


but am not sure if things have changed. Hopefully a Mod will let you know soon.

Best wishes,
Rachel :)

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Re:Working is not working out for me 8 years 2 months ago #52708

Lyn wrote:

Hi everyone- I started work as a telesales operator 3 weeks ago, I am finding that the job is too painful as I have to sit for four hrs without a break (only do part time),I now know that I've made a huge mistake by thinking I could fool myself that I could be "normal" and do this job, my problem is, if I stop work again would I have to go back to the lower rate of ESA?I was on the higher rate previously!

Mod edit: moved to questions forum

I think you would be covered under the 12 week linking rule for ESA and therefore should be placed back into the WRAG or Support Group as you were before.

That said, a quick search has thrown up a couple of cases where the DWP have said this is not the case, and the claimant has had to appeal the decision. One has won and was placed back in the Support Group, the other is outstanding.

I think all you can do is contact the DWP and go from there.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Working is not working out for me 8 years 2 months ago #52719

I'm sorry to hear its not working for you.

The current linking rules are not as simple as they should be. You will be covered by the 12 week linking rule, however Job centre plus instructions mean you will not immediately go back to the WRAG, you will need to fill in the EAS50 again and can then be called for a medical. So you will stay on the assessment phase until they reach a new decision, if you pass the medical then your money will be backdated at the full rate from your linked claim. Plus any IR(ESA) on top of the assessment phase will be paid from the beginning of the claim e.g. Mortgage interest supplement etc.

This may not be how it should happen but, I am in a similar situation and this is the process my current claim is going through.

People have argued with the DWP and got themselves straight back into the relevant group, but the DWP can not agree on what the 12 week linking rule means and are instructed to pay at the assessment phase until you pass the tests again.

But if you are not coping, better to leave and protect your health now in claim within the 12 weeks..

Good luck

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Re:Working is not working out for me 8 years 2 months ago #52796

  • rappa
Hi, i did exactly the same last september ,i phoned them and explained what i had done, "tried to work etc" i obtained a medical cert to cover me! ( important) and was sent a rapid -reclaim form, filled it in with covering letter, again explaining about tried work etc very frustrated as have always worked!keep copies , was put back on higher wrag payment! almost straight away!.hope this helps rap.

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Re:Working is not working out for me 8 years 2 months ago #55002

Thanks' for your reply, today I gave up working, phoned ESA, they went through all the normal questions, I have docs apt next Tuesday, I shall forward the certificate and supporting evidence to ESA and hope that they do the same for me as they did for you; I'm pleased you got yours sorted, but the way things go for me, I shall probably wait for the 13 week phase before I get sorted, ho - hum :)

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