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Home  /  Living with M35.4  /  Work and insurance

Work and insurance with M35.4

A rare disease is a difficult subject for institutions — DWP, HMRC, insurers and HR rarely recognise it. This guide shows the rights you have under the Equality Act 2010, the four parallel UK support routes (workplace adjustments, PIP, ESA, Access to Work), and what to collect from the first day of diagnosis.

Last updated22 May 2026

AuthorAuthor's case

Reading time~10 min

ContextUnited Kingdom / Equality Act 2010 & DWP
28 weeks
max. Statutory Sick Pay (SSP) from employer
12 months
the “long-term” threshold under the Equality Act
80 %
Access to Work co-fund (costs up to £10,000)
2 parts
PIP: daily living component + mobility component
/ DWP timeline

From diagnosis
to a stable situation.

Each step triggers different rules and different bodies. Knowing the order, you don't lose rights through ignorance of deadlines or fit-note dates.
01
Day 1

Diagnosis and first fit note

Your GP or specialist issues a Statement of Fitness for Work (fit note). From 6 April 2026, Statutory Sick Pay is payable from the first day of sickness — the old three “waiting days” rule is removed. Start collecting every clinic letter, scan report and blood result.

02
Weeks 1–28

Statutory Sick Pay from your employer

SSP is paid by your employer for up to 28 weeks of qualifying sickness — £123.25 per week from April 2026, or 80% of average weekly earnings (whichever is lower). Many employers pay contractual sick pay above SSP — check your contract.

03
Around week 4

Open the reasonable-adjustments conversation

The Equality Act 2010 places a duty on your employer to consider reasonable adjustments once they know about a long-term condition. M35.4 meets the “disability” definition once symptoms have lasted (or are expected to last) at least 12 months. Ask in writing.

04
After 28 weeks

SSP ends — claim New Style ESA

When SSP runs out you can claim New Style ESA if you have enough National Insurance contributions in the past 2–3 tax years. After a 13-week assessment phase and a Work Capability Assessment you go to the Work-Related Activity Group (£133.50/wk) or the Support Group (£145.90/wk).

05
In parallel

Apply for PIP and Access to Work

PIP is non-means-tested: you must have had difficulties for 3 months and expect them to continue at least 9 more. If you are working or returning, Access to Work grants up to £69,260 per year for equipment, support workers and travel — separate from your employer's duty to make reasonable adjustments.

/ four parallel supports

There is no single
“disability grade” in the UK.

Instead, four overlapping schemes give support — and you usually claim more than one at once. Eligibility, gatekeeper and money flow differ for each.
EA

Equality Act 2010

Workplace adjustments — no rating needed

  • Reasonable adjustments: flexible hours, remote work, equipment
  • Paid time off for medical appointments where reasonable
  • Protection against disability-related dismissal and harassment
  • Triggered by employer's knowledge of a 12-month+ condition
  • Gatekeeper: your employer (with Occupational Health input)

Starting layer — kicks in the moment you tell your employer in writing.

PIP

Personal Independence Payment

Non-means-tested help with extra costs

  • Daily living component — Standard £76.70/wk or Enhanced £114.60/wk
  • Mobility component — Standard £30.30/wk or Enhanced £80/wk
  • Independent of work status and earnings
  • 3-month qualifying period + 9-month forward test
  • Gatekeeper: DWP, assessed by a healthcare professional

Run the PIP claim in parallel with your sick-pay journey — there is no penalty for working while claiming.

ESA

New Style ESA

Income replacement when you can't work

  • Assessment phase — paid at the assessment rate for ~13 weeks
  • Work-Related Activity Group — £133.50/wk (2026)
  • Support Group — £145.90/wk, no work-related activity required
  • Requires sufficient National Insurance contributions
  • Gatekeeper: DWP, Work Capability Assessment

Replaces SSP after 28 weeks if you still can't work.

AtW

Access to Work

DWP grant to stay in or return to work

  • Equipment, software, ergonomic adaptations
  • Support workers, BSL interpreters, mental-health support
  • Travel to work where public transport is not workable
  • Up to £69,260 per year (2025/26 cap)
  • Gatekeeper: DWP, independent of employer's duty

Pays on top of the employer's Equality Act duty — not a substitute for it.

/ talking to your employer

You have the right.
Now you need to ask.

Under the Equality Act 2010 your employer has a legal duty to consider reasonable adjustments once they know about a long-term condition. They don't have to grant every request — but they must engage with it, document the decision and give a defensible reason for any refusal.

Equality Act 2010 · ACAS Code of Practice
/ how to start the conversation

"I have been diagnosed with a long-term condition — M35.4, eosinophilic fasciitis. I am requesting reasonable adjustments under the Equality Act 2010, specifically [remote working / flexible start time / a sit-stand desk]. I am happy to provide my Occupational Health report and to discuss what is workable."

/ if you hear a refusal

"Please confirm the refusal in writing, setting out the specific reason and explaining why the adjustment would be a disproportionate burden within the meaning of the Equality Act 2010. I would also like to be referred to Occupational Health and, if appropriate, to apply for support through Access to Work."

/ after a PIP award or Access to Work grant

"I am notifying you of my PIP award / Access to Work grant so we can review my reasonable adjustments and align the employer-paid items with the AtW-funded items. I would like to schedule a workplace assessment with Occupational Health to formalise the adjustments in my record."

/ documentation

What to collect from
the first day.

DWP assessors, insurers and HR work from documents, not from your account. The earlier you start collecting, the stronger your PIP, ESA and reasonable-adjustments case will be.
Bx
Fascia biopsy histopathology
Full pathology report from the deep fascia biopsy confirming eosinophilic infiltration and fibrosis. The cornerstone of any M35.4 evidence pack.
FBC
Full Blood Count with differential
Results documenting peripheral eosinophilia, ideally a sequence — the trend over time carries more weight than a single snapshot.
Rh
Rheumatology clinic letters
Consultant correspondence, treatment plans, escalation of immunosuppression — the more complete the chronology, the better.
FN
Functional statement and fit notes
Doctor's written description of limitations — range of movement, fatigue, fine motor function — and all Statements of Fitness for Work. Crucial for PIP and ESA assessors.
MR
MRI scans and radiology reports
MRI of fascia and soft tissue with the radiologist's report. Documents organic, objective change beyond patient testimony.
OH
Occupational Health assessment
An OH report commissioned by your employer (or self-funded) translating the clinical picture into workplace recommendations — gold standard for the reasonable-adjustments conversation.
/ nota
Collect originals or certified copies; many DWP and insurer processes reject unsigned photocopies. A practical tip: ask your consultant to sign and stamp each document with the phrase “for the purposes of DWP and insurance assessment” — it short-circuits a lot of follow-up requests.
/ commercial insurance

Before diagnosis
vs after diagnosis.

UK insurers can underwrite at higher premiums or exclude pre-existing chronic conditions altogether. Knowing this in advance, you can act before the window closes.
/ before diagnosis

Insure yourself now.

  • Level Term Life Insurance without autoimmune / rare-disease exclusions
  • Income Protection with an “own occupation” definition (not “any occupation”)
  • Critical Illness Cover — check the defined-condition list and severity-based wording
  • Private Medical Insurance — verify connective-tissue and rheumatological conditions are not pre-excluded
/ after diagnosis

Check what you already hold.

  • Read existing policy wordings — look for “chronic”, “autoimmune” and “pre-existing” exclusion clauses
  • Existing in-force policies generally cannot be cancelled because of a new diagnosis — that is your real protection
  • New cover will likely be loaded or carry an M35.4 exclusion — negotiate the scope of the exclusion in writing
  • Consider a broker who specialises in “impaired lives” or rare-disease underwriting — they know which insurers will look at the case