Can I claim ESA?

mr-dink

Hello, I am very confused as to whether I should claim ESA.

A little about me, I was born with defective knees resulting in 2 operations on each knee before I was 5 years old, at the age of 17 I had a motorcycle accident damaging most of my left side.
A further right knee operation in 2007 resulted in me being told that it would need to be replaced but because of my age ( then 43 ) I should leave it as long as possible before getting it done.
A few weeks ago my left knee started to give way, then last Wednesday it gave way and I was hardly able to walk... I'm waiting for the results of an x-ray on this knee.
Before I had this problem with my left knee I was able to walk short distances but not without severe pain in my right knee and left ankle and left hip.
If I stand up without moving I have pain in both right knee and left ankle with both swelling up, also if I stand for any length of time my ankle 'seizes' and I can't walk.
But there's a twist.. I can cycle, in fact until my left knee gave way I could cycle with very little pain in comparison, although I used mostly my left leg to do the peddling.
I gave up work after my operation in January 2007 (self employed) although I had been doing very little work in the 18 months before this because of my knee.
Other things that might affect my claim is that I have another house (semi derelict) as well as the one I'm living in and my partner now works full time.

Sorry for my life history (this is a very short version) but wanted to get as much information down as possible.

What do you think :undecided

allen35

You probably wouldn't qualify for contribution based ESA due to your lack of NI contributions over the past 2 years.

Income Based ESA is dependant on household income

Are you in receipt of DLA for your mobility problems, if not visit directgov website to check criteria.

If you cannot walk 50 metres without stopping due to severe discomfort (not pain) you may qualify.

RWM38

It sounds as if you may have too much household income and/or capital to be entitled to income based ESA. There is a possibility of getting some DLA but it is not easy and you should get some qualified help to assist you with any claim, e.g. a specialist welfare benefits caseworker at your local Citizens Advice Bureau (or other advice agency).

You also mention a semi-derelict house. Your local CAB and your local council (empty homes officer) may be able to advise you about grants and schemes in your area that help landlords renovate properties for letting. That way you may get an income from this property and thus not need the ESA.

mr-dink

Thank you for your quick reply Allen,
I don't think I would qualify for DLA but I will have a look, I can walk 50 metres but not if I don't have to, and certainly not without pain.... I thought discomfort and pain were the same :undecided when my physio tells me I might feel some discomfort,,, I feel pain :shocked:

allen35

They are very similar and alike to me too but for DLA purposes you probably wouldn't meet the criteria for having pain.

I suppose an example could be if i had a terrible migraine causing pain or pain in my leg it wouldn't stop me walking, it would be uncomfortable whilst if i had mobility problems which restrict my walking to the extent i can only walk a few yards due to mechanical problems i would call this discomfort.

So to summarise it's not the pain that stops us doing things but the discomfort and restriction.

With mobility problems such as yours pain killers wouldn't enable you to walk 500 miles and more....