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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

esa polish agency worker

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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Total Posts: 143

Joined: 12 July 2010

hi guys whats the current status for agency workers being classed as having worker status to claim ESA as temp incapable of work?
polish national worked for agency 3/4 days a week for most weeks for 2 different employers from April 2013 - may 2014. had a heart attack and 2 stents fitted. incapable of work for at least a year he has been advised.
living with polish son who has worked full time in uk for 8 years and has wife and 2 children.
ESA refused as no right to reside. any tips for Mand recon
thanks

Lindsay

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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There was a bloke I could’ve sworn was called Mohamed Barry (who I can’t find on Bailii) who worked the Wimbledon fortnight and that was sufficient to earn him worker status… Your fella should have plenty of work to get over the hill.

Not unusual for DWP to claim “no evidence of any work” because he hasn’t provided payslips; providing them might be enough.

Bryan R
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Folkestone Welfare Union

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Here is a link to the case that Dan has mentioned

http://www.bailii.org/ew/cases/EWCA/Civ/2008/1440.html

LJF
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Benefits caseworker - Manchester Citizens Advice Bureau

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Total Posts: 143

Joined: 12 July 2010

thanks all

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

Need much more info’.  Are his kids at school?  Does his wife work?  Is he materially dependent on his father?