JSA...been referred to the Disability Advisor??

elfieb

I was due to attend my 26 week interview at the job centre this morning.
I attended at the time agreed, only to be told that the interview had been cancelled, and I had been referred to the Disability Advisor!
My first thought was why......but it turns out them when applying for JSA all those weeks ago, I stated that I have Lupus, and now the Jobcentre in all their wisdom considers this to be a disability.

I explained to the advisor, that it doesnt effect my ability to work, that I am currently on a stable routine of medication, and that I am feeling better than I have done in ages. She was having none of it, and kept banging on that she had to refer me, and that I was now eligable for "suitable office equipment"!!

I left the office totally confused! I very much doubt the advisor had a clue what Lupus is, so how she judged it to be a disability is totally beyond me!

My question is what happens now?? I am expecting a whole hosts of tests to see how fit I am for work.....it seems that me saying I am ready for work is not enough.

Does anyone have any information as to what happens from here on in?

dmg24

Don't worry about it, the DEA will ask what barriers your condition brings about, you will state none, they will either refer you back to a normal advisor or just help you with your jobsearch. They are unlikely to question it any further.

RazWaz

I wouldn't worry about it, I had one while I was on JSA and he was really nice, it's just more in depth help looking for jobs while taking into consideration any extra needs you might have. Generally you wont get sent to things like New Deal when seeing a disability advisor too so I wouldn't complain too much :P

zzzLazyDaisy

Also, under the law, the issue of whether an illness counts as a disability must be judged on how you would be if you were not taking medication for it. So lupus may the criteria, even if it is currently well managed. Also a relapsing/remitting condition that meets the criteria during a relapse, continues to meet it when in remission. So it may just be that Lupus is recognised by the job centre as a disability, even if you don't consider yourself to be disabled (if that makes sense?)

MrsManda

zzzLazyDaisy wrote: »

Also, under the law, the issue of whether an illness counts as a disability must be judged on how you would be if you were not taking medication for it.

I didn't realise this, under which law does it fall? Does that mean illnesses such as asthma, high blood pressure etc... count as disabilities under law?

Jowo_2

Some Lupus sufferers are in receipt of DLA - the symptoms and their effect vary on different individuals, therefore like anyone suffering mobility problems or having care needs, they could qualify. The condition itself is irrelevant, it's how it affects a person. You can see here from the symptoms how very varied they are and why the effect of some and the depth of them could mean some sufferers are significantly impaired in every day tasks.

http://www.uklupus.co.uk/lsymp.html

zzzLazyDaisy

MrsManda wrote: »

I didn't realise this, under which law does it fall? Does that mean illnesses such as asthma, high blood pressure etc... count as disabilities under law?

No, that is just the starting point. The question then is what effect the condition has on a persons ability to carry out day to day tasks - which must be significant. The criteria were laid down in the old Disability Discrimination Act, which was replaced this month by the Equality Act, but a google search will reveal the criteria. It is this law that governs employment.

As I understand it lupus can be a very disabling condition - although that may not be everyone's experience - which is why I wondered if the job centre treat it as a disability, as least in the first instance.

Gemstar30

zzzLazyDaisy wrote: »

Also, under the law, the issue of whether an illness counts as a disability must be judged on how you would be if you were not taking medication for it. So lupus may the criteria, even if it is currently well managed. Also a relapsing/remitting condition that meets the criteria during a relapse, continues to meet it when in remission. So it may just be that Lupus is recognised by the job centre as a disability, even if you don't consider yourself to be disabled (if that makes sense?)

Hello

That is very interesting.

As Diabetes Type 1 (Insulin Dependent) is classified as a disability under the old DDA, does the same go for that?
Although it can be controlled for most of the time, no warning is given if you enter into a 'Hypo' other than sweating, and generally feeling tired and being unable to communicate properly.

If so, then should not all Type 1 Diabetics be referred to the DA?

By the way I don't see myself as disabled in any way whatsoever, and would sooner not mention that I am Type 1. My previous employer had no idea other than the time I took off and put it down to a 'tummy bug'.

Gemma
x

zzzLazyDaisy

To be honest I don't know what criteria the job centre use for referring someone to a DA. I was simply pointing that although OP doesn't consider herself to be disabled as her condition is now under control by medication, it may be that the JC consider Lupus to be a potential disability.

But as far as Type 1 diabetes is concerned, as an employment lawyer, I would always advise an employer that this is a disability for employment law purposes, which means they must be willing to make reasonable adjustments, should this be necessary. For this reason I would expect the JC to refer that person to a DA - to explore whether that person needs support - for example they may need to eat small meals regularly and often which could be a problem in certain environments with an unsympathetic employer. Having said that, I really don't know if the JC do in fact refer people with type 1 diabetes to a DA. Hopefully someone more knowledgeable will be along soon.

EDIT but of course if you don't want the employer to know, you are under no obligation to tell them. It just means that if the employer doesn't know, and cannot reasonably be expected to know, then they are under no obligation to comply with the requirements of the Act.

Gemstar30

zzzLazyDaisy wrote: »

To be honest I don't know what criteria the job centre use for referring someone to a DA. I was simply pointing that although OP doesn't consider herself to be disabled as her condition is now under control by medication, it may be that the JC consider Lupus to be a potential disability.

But as far as Type 1 diabetes is concerned, as an employment lawyer, I would always advise an employer that this is a disability for employment law purposes, which means they must be willing to make reasonable adjustments, should this be necessary. For this reason I would expect the JC to refer that person to a DA - to explore whether that person needs support - for example they may need to eat small meals regularly and often which could be a problem in certain environments with an unsympathetic employer. Having said that, I really don't know if the JC do in fact refer people with type 1 diabetes to a DA. Hopefully someone more knowledgeable will be along soon.

EDIT but of course if you don't want the employer to know, you are under no obligation to tell them. It just means that if the employer doesn't know, and cannot reasonably be expected to know, then they are under no obligation to comply with the requirements of the Act.

Hello
Thank you very much for that. Something that might be useful to know.

Yes, I am aware that if the employer knows nothing about the disability they cannot be expected to offer the help that is needed. However, and I know that I represent numerous sufferers in that managing to get a job is hard enough made even harder if the potential employer is made aware that a potential employee is likely to expect 'special' services and consideration.

Whilst unable to prove it, it is quite common knowledge that this sort of discrimination goes on. Hence the reason why I think you have to be very careful who you tell and that would seem to include the DWP as well.

Thanks

Gemma
x

shepherdgirl

Gemstar30 wrote: »

Hello
Thank you very much for that. Something that might be useful to know.

Yes, I am aware that if the employer knows nothing about the disability they cannot be expected to offer the help that is needed. However, and I know that I represent numerous sufferers in that managing to get a job is hard enough made even harder if the potential employer is made aware that a potential employee is likely to expect 'special' services and consideration.

Whilst unable to prove it, it is quite common knowledge that this sort of discrimination goes on. Hence the reason why I think you have to be very careful who you tell and that would seem to include the DWP as well.

Thanks

Gemma
x

Hi

This is very interesting, I have an appt with a DEA in a couple of weeks- can/do they tell potential employers about medical conditions you have ? Also can/do they arrange work placements that you have to attend ?

This is all new to me LOL TIA