What counts as disability?

exsquaddiegirl

Invasion wrote: »

There's actually no way to register your disability anymore in most places, partly because being disabled doesn't necessarily mean you have to call yourself disabled. I feel it to be honest so I'd say that I have a disability, but I try not to say "I'm disabled" I feel it's too much of a label, much as I have issues with mobility, and loads of other things, I'm still me, just a me that needs more help, and a wheelchair a lot of the time. My disability is not me.

An employer has a duty to you to provide what you need at work, including ergonomic seats etc, being 17 and never having been employed I don't know the ins and outs of that, but I'm sure there'll be someone on here that does

The main way people register/prove their disability is DLA, but the minimum for care for that is unable to cook a meal for yourself, and/or need about an hours care- bathing etc. and for mobility either needing supervision in unfamiliar places, or being limited to walking 50 metres or thereabouts.

Thanks for that, it makes much more sense.

I don't have problems in my current job, becasue I have a forward-thinking employer who looks at what everyone individually needs to do their job best, and provides it. He has a major focus on fitness, health and things like posture, and gets everyone to do an assessment of their working space annually - seeing it as an investment in reducing staff absence through avoidable sickness. As a result, I have an ergonomic chair, lumbar supports for my office, home office and car, and an office layout designed around making sure that I am as comfortable as possible. When I have to travel, I have a company charge card, and I can book my own travel and accommodaion, as the boss agrees that that's the easiest way of making sure it's suitable. I'm not planning to move jobs, but I am concerned about what happens if I ever need to do so.

I don't need DLA - the only things I can't do are sit in the same position for more than an hour (so going to the cinema or theatre isn't possible), and twist my torso. Bending and lifting are problematic, but my husband does a lot of this for me and Internet shopping means I don't have to carry shopping. If I had a different car, kitchen layout and no ability to order my groceries online, I wouldn't manage, but I don't, so I can. As for personal care, my long-suffering hubby has to help on bad days with stuff like socks and getting out of the bath - but surely that's what marriage is about, taking the slack up for each other?

CHCscandal

If you have a disability, an illness or a disease, you are entitled without meands testing to FREE health care from the NHS which includes ALL of the Social Care elements.

Details of the NHS best kept secret which the forthcoming green paper will try to reform the NHS to a pay as you go service, can be found in this press release below, the reason for the press release if the successful number of cases 'won' recently to reclaim thousands paid for 'care' which has been deemed as social not Health wrongly.

Details of a press release today from Robin Lovelock, who pioneered a website dedicated to the memories of his parents, alerting the public about Continuing HealthCare rights.

Press Release: Ten Years after Pamela Coughlan's Victory and yet the Fraud Continues.
from Robin Lovelock, editor of www. NHSCare.info on 21st August 2009. Robin @nhscare.info

22 Armitage Court, Sunninghill, Ascot, Berks. SL5 9TA. Tel 01344 620775.

"JUSTICE OVER CARE HOME COSTS" is the headline on the front page of the Daily Mail, last Wednesday 19th August 2009. This highlights the recent victory of three families who won back over £350,000 from the NHS, for patients with Alzheimer's and Parkinson's. So far about £8million has been recovered for a further 750 families - that's an average of over £10,000 per family.

Pam Coughlan will be interviewed on BBC Radio 4's "You and Yours" broadcast next Wednesday 26th August.

At the same time, Robin Lovelock will explain "Coughlan", play the three minute Pam Coughlan video, and answer questions. This is at the "Golden Age" event at the new Ascot Racecourse Pavilion.

Sadly, few people know the simple facts and how to claim or recover what is rightfully theirs. 750 families are a small proportion of the hundreds of thousands of families who have been duped into paying Care Home fees, when the Law demands that the NHS should pay. The Government and Department of Health have spent the last ten years, since Pam's historic victory in the Appeal Court, "ducking and weaving". The Ombudsman, The Royal College of Nursing, and The Law Society have made the facts clear: "Social Care" is part of Health Care, and the Law demands that anyone with care needs the same or greater than Pam Coughlan, must be 100% funded by the NHS - including all costs of the Care Home.

Over ten years ago, in July 1999, Pamela Coughlan won her case in the Appeal Court, the highest court in the land, against this New Labour Government. The case made the law very clear: anyone with health care needs the same or greater than Pam, is entitled to being fully funded by the NHS. i.e. "Continuing Care". This includes all costs, including those of accommodation, if the patient is in a Hospital, Hospice or Care Home.. It also applies if the patient is being cared for in their own home.

Since then the Government have followed a strategy, conceived by the earlier Thatcher Government, to evade the legal obligation of the NHS to pay for long term care. e.g. the result of stroke, road accident, Alzheimer's, Parkinson's, or a host of other health conditions. The NHS have closed down long term stay beds, typically occupied by geriatric patients, and used Social Services to approach the family, misinform them, and get them to pay for the Care Home, after means testing. Those that do not have sufficient savings, or a house to sell, become the burden of local Council Tax payers.

In 2002 Robin set up the web site www. NHSCare.info after he received expert legal "Coughlan" advice related to his late mother. Over the years this web site, and the "Coughlan Campaign" group have provided expert advice to hundreds if not thousands of families, and even Law Firms who now offer "no win no fee" services to claim back Care Home costs from the NHS. The group include Steve Squires and David Gooch, two of the "winners" in the first Ombudsman's Report, published in early 2003.

The group includes legal experts and Pam Coughlan herself, together with a network of families, some of whom have already won their case, such as Stephen Johnson. A linked message board provides a Forum and support for claiments throughout the country.
The Coughlan Campaign group, and www. NHSCare. info have been the primary source of information whenever there is interest in the subject of "Coughlan" and long term care.

Despite criticism by the Ombudsman, the Royal College of Nursing, and the Law Society, the Government and NHS continue to evade paying for the majority of patients in Care Homes. They employed delaying tactics of consultation on a new "National Framework".

These new rules were criticised by the Law Society, since they did not include a simple "Coughlan Test". i.e. comparison of the patient's care needs with those of Ms Coughlan. Instead, these deliberately vague rules were put in place in late 2008, and - of course - result in the majority of patients being denied Continuing Care - to which they are entitled under the Law (the 1946 National Health Service Act).

Fantabulous

soolin wrote: »

I've made thispost a sticky pending moderator approval.

I would just add that even if your condition is treated as a disability you need not declare yourself as a person with a disability if you do not wish to. I know this is an odd thing to say but many people with disabilities prefer to manage without their employers or officialdom labelling them as such and no one can force you to declare it until you feel ready.

I had a case some years back where an employer was actively encouraging employees with obvious disabilities to declare themselves formally so that the employment history looked good and the employer could show he had a large percentage of people with disabilities. This was against employment rules and even if you have somehting obvious, you do not need to claim anything state benefit wise nor inform your employer unless the condition means you need additional support, or at such time you feel that state benefits would make your life easier.

A person with a disability is still a person with rights and that includes being in control of your own person. Let no one tell you that you 'must' do something or that you must fill out forms or tick boxes with your employer until you feel ready. I have always been concerned that officialdom sees the disability and forgets that the person living with that disability has rights.

This is no longer true and should be removed from the post.

Since the DDA came into force when there is a question on an employment form "are you disabled?", if you are in receipt of DLA you MUST declare your disability.

mouseymousey99

Ramsas - Do you have anything constructive to say about anything?

cybele

Disability is not good for anyone. Finally they realize have nothing.

davkel

all questions about dla and the rather arbertary way it allowed is answere here.they will guide you through the system and help with applying tribunials disabilityandworks.co.uk

davkel

i new to thesae forums so please forgive any mess up i made.i have been disabled quite afew years and a yr back i got breast cancer,got over it,so i thought i had so much from the system i want to give back by doing voluntary work.i can't.i found out even as much as a sandwich if provided is classed as earnings.how daft a system do we have

dmg24

Fantabulous wrote: »

This is no longer true and should be removed from the post.

Since the DDA came into force when there is a question on an employment form "are you disabled?", if you are in receipt of DLA you MUST declare your disability.

This is incorrect. There is no statutory obligation to declare a disability, however if you do not, then you may not be afforded protection under the DDA.

Furthermore, the relevant definition in this context is that given in the DDA. The requirements for DLA are very different, and irrelevant in this situation.

baileysrtg

hi. sorry if i'm in the wrong place newbie to posting etc.

was diagnosed just unbder a year ago with a heart condition. recently was told y someone in passing that i should apply for DLA. am a single mum and not working. is CARDIOMYOPATHY considered to be a disability and how do i go about claims etc?

thank you for listening(reading)

jazabelle

It would completely depend on your needs. Do you have trouble with mobility? E.g. not being able to walk at all for around 50m and with great trouble. Or with your care needs - do you need help washing/getting to the toilet/getting in and out of bed.

The actual condition doesn't really matter - it's your needs arising from it, and trying to prove it.