Fibromyalgia Action UK
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Incapacity ESA and DLA update

Hi again

Ok I saw the solicitor yesterday so thought I would provide an update as I don't know about everyone else but I am finding the new ESA benefit very hard to understand.

Solicitor tells me that although for ppl like myself who had been on long term incapacity which was not means tested/income based, this new benefit is, therefore if your partner works and earns more than a certain amount, even if you qualify you are unlikely to recieve any money, or even if you do it will be for just 365 days befor ceasing.

For those also claiming DLA, it is still worth claiming if you are yet to be assessed as all new DLA assessment will be based on results of the medical you must now have, so if you can appeal and get enough points ton qualify for ESA that will help your DLA case.

In my case he suggested other benefits that I would be better claiming, but as I care for both my autistic daughter and elderly father, I would guess that most of the ones suggested would only be relevant for those caring for other family member, or sick friends/relatives.

I do hope this helps

Paks :)

4 Replies

The whole benefits thing is a nightmare, they should make it easier not harder for genuine claiments


From what I can tell, even the ppl running it don't have a clue. I got passed around three departments before finally being referred back to an incapacity benefit dept which in theory should no long exist?


I too had put in for DLA doctor came to the house to see me 2 weeks ago. This morning I received my decision from them to find I had been the lower rate of care. No mobility at all. I had told the doctor that I can not walk with out severe pain in my legs not even 1 step yet the decision said I could walk a 100 metres with a stick slowly in a reasonable manner. The doctor saw me walk from the living room about 10 steps and I had my stick and had to hold onto the wall as I went. How can that be reasonable. I also suffer from depression and can not motivate myself some days and my husband has to push me into getting dressed. I am housebound as I can not get to the bus stop and if I could I am unable to travel on the bus because I need support for my head as I am in severe pain in my neck and can not hold my head up for long. I have not been out of the house for getting onto 4 months now and I really feel like a prisoner. We told the doctor this and it seems everything that was talked about seems to have gone in one ear and out the other . So we are appealing don't know how long this will take but I am so determined to do this as I have seen people and know people who are on higher rate mobility and they walk without any aids and a lot faster than I do. I hope that there is some justice in this world and people like us with this disability get what we deserve .


Dear Michphil, to be honest your story is the same as mine an a the majority of other ppl I have chatted to on here. My DLA is not due to be assessed for a few months yet but I have just had my incapacity, well ESA as it's now called, reassessed and been refused entirely. Like you I walk with crutches and cannot walk at all with out severe pain, especially in my legs and in my shoulder and neck.

My advice is to go to CAB for help with the appeal forms and get yourself a solicitor especially if you have to go to the appeals tribunal as it can make all the difference having someone there to represent you. My solicitor says that for most people that appeal for DLA he gets their benefit reinstated, whereas for ESA figures are much lower so on a positive note you have more chance of winning your appeal on this benefit. Also on a positive note, I'm told by others on here that there has been a panorama program on ATOS healthcare who do the health assessments for the government and the program came to tge conclusion that the only way you would pass the medical was if you were dead, so you like me are amongst the 99% who likely failed the test. At the appeal what your own doctor, specialists and carers say is taken into account, so take heart.

If you do need someone to talk to at any time then feel free to email me


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