Employment and Support Allowance (ESA)
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crohns disease,divorce and court

I am a 48 year old female with Crohns disease.
I was diagnosed in 2000.
I am going through a divorce and unfortunately I am in a flare up.
I have a lot of financial matters to go through in the court and have just applied to the court for spousal support.
I have not been able to work for 9 years as I have bowel incontinence,take lots of medication which affect my ability to concentrate,athritis, fybromyalgia, anxiety and panic attacks ....

I supported my husband while he was in the forces for 20 years.

I have been told that the judge would want proof why I would not be able to support myself.

I am currently on ESA income related in the support group.

I am unsure where to go for help in regard to getting a written up report to explain my capability for work and to justify the need of spousal support for the judge in the court.

I do have an appointment with my GP tomorrow.

Any advice please?

Thank you in advance

Replies

  • Debbie_ScopeDebbie_Scope Member Posts: 947 Pioneering
    Hello Auntygiddy,

    Thanks for your post.

    I would hope that the judge has an understanding of the benefit ESA and the process involved in claiming and being assessed for either the work related activity group or the support group. It's not an easy process to go through.

    As you are in the support group you have been assessed as not only having a limited capability for work but also a limited capability for work related activities. I would have thought that this would be sufficient evidence along with any other medical information you have. However I'm not legally trained so these are just my thoughts.

    Do you have a solicitor acting for you and if so what have they advised because they will be better placed to know what the judge is looking for?

    How did your appointment with your GP go?

    Best wishes
    Debbie
  • auntgiddy67auntgiddy67 Member Posts: 2 Listener
    Thank you for your reply.
    The advice the GP gave was that I would have to get my solicitor to request my medical notes and that would cost me,without a solicitors letter,£50.
    The GP would not be able to do a report for the case as that would mean them going to court if needed.
    They cannot have an opinion on whether I can work or not.

    I am seeing my solicitor next week for the dreaded Form E.

    Will keep you updated.

    Regards




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