ESA whilst recovering from surgery

After much discussion don’t feel we have definitive answer.. Can you be treated as having LCW whilst recovering from treatment BUT are no longer in hospital.

In my view, yes.  There is nothing in reg 25 which stipulates that the day of recovery must be one where the person is still in hospital.  It has to take convalescence periods into account and a lot of that is done at home for various reasons, i.e. needing the bed for more urgent cases.

Hi Tony,
left work now but sure CPAG/DRH only say “on any day you are recovering from such treatment..” but it is not clear whether this is as an inpatient.
Interested in your comment on DM’s not allowing this as ‘automatic’ LCW.  Do they expect people to bounce out of hospital and back to work without any period of recuperation? Oh yes I guess they do..
Our client is a young man who is having repeated and quite complex surgery to repair nerves to (hopefully) restore use of his arm after an accident but he is barely recovering from one operation before he has another.  It is ludicrous to suggest he is fit for work even if someone would employ him knowing he will be back in hospital again in the near future…