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Refused Blue Badge- help

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Comments

  • rogerblack
    rogerblack Posts: 9,446 Forumite
    If you can walk only with 'severe discomfort or pain' - then you are entitled to high-rate mobility DLA, and blue badge.
  • rotoguys
    rotoguys Posts: 599 Forumite
    edited 5 January 2012 at 5:10PM
    rogerblack wrote: »
    If you can walk only with 'severe discomfort or pain' - then you are entitled to high-rate mobility DLA, and blue badge.

    Not entirely true!

    You are only entitled to HRM if you are able to satisfy the test and that you are able to produce a medical report that clearly explains that you have that difficulty by mentioning distance, time and manner of walk.

    Without that report it doesn't matter if you have no legs and no arms, you would not get the award.

    I have HRM, yet can walk some short distance but anything longer could be a danger to my health. I have no pain or discomfort when walking. My GP stated that my mobility is very poor.

    Under the new BB scheme, you will be examined by an OT who will check out the mobility problems claimed.
    My BB was because of the DLA. I have to be honest that I do get some very funny looks from people when I get out of the car and walk normally. I think they expect me to be in a wheelchair or using a zimmerframe!!
  • My son has received HRM since he was three years old (he also gets HRC and has received this since he was 3 months old). As far as I am aware, there has never been a request for medical reports or evidence to back up what I have written on his form, so the last post is not quite correct. having said that, my son does have conditions that you would expect to cause pain when walking - but still no request for reports or proof that I am telling the truth.

    Although I am honest on my son's forms (there is no reason not to be - he has a number of disabilities that require high levels of care and he usesa wheelchair due tot he intense pain when he walks, as well as the breathlessness), it does prove that there is a need for a clampdown and the introduction of more medicals and/or requests for evidence from doctors.
  • Parva
    Parva Posts: 1,104 Forumite
    sangio wrote: »
    You don't need to pay if you park on double yellows for up to 3 hours!
    Top marks for stating the obvious and dragging back a thread from the dead. Apologies, I don't usually do flames but having wasted 30 minutes reading a thread that's even more out of date than the best before end date on my bottle of vinegar (and that doesn't go out of date so easily :) ) I feel a little cheated at having wasted so much time reading stuff that's largely out of date now. Still, lesson to self I guess, don't rely on a persons post count being equal to or better than their IQ. Nor will I stupidly read a 4 page thread only to find that it was more recently dragged up. Who's the fool now? Hmmmm.... :)
  • Parva wrote: »
    Top marks for stating the obvious and dragging back a thread from the dead. Apologies, I don't usually do flames but having wasted 30 minutes reading a thread that's even more out of date than the best before end date on my bottle of vinegar (and that doesn't go out of date so easily :) ) I feel a little cheated at having wasted so much time reading stuff that's largely out of date now. Still, lesson to self I guess, don't rely on a persons post count being equal to or better than their IQ. Nor will I stupidly read a 4 page thread only to find that it was more recently dragged up. Who's the fool now? Hmmmm.... :)

    It's probably just see #7 Andy&Flo [ aka / rotoguys / sangio / et-al ] gerrymandering one of his own resurrected threads from long ago - he of course would know where to find it !. Don't be embarrassed Parva see #19 he has been trolling these boards for years.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • Ellejmorgan
    Ellejmorgan Posts: 1,487 Forumite
    2010 equality act states that any disabled person can park in a disabled space and doesn't need a badge...
    I always take the moral high ground, it's lovely up here...
  • LimeLight
    LimeLight Posts: 8,038 Forumite
    Part of the Furniture 1,000 Posts
    My application was suprisingly easy. I'm only on LRM, so i applied for the discretionary card through the council. Went for a medical which was on the 13th floor of a multi storey car park which the lift only went to the 11th floor of, and 2 hours later got a call saying i could have it.
    just passing through.... Nothing to see....
  • Section 20 of the Equality Act 2010 [EA2010]5 requires service providers to take reasonable steps to ensure that disabled people are not put at a substantial disadvantage compared to people who do not share the disability, when accessing services. This requirement has implications for car park operators who may have to demonstrate that, as well as marking out disabled persons parking spaces, they have taken reasonable steps to ensure that they are available to disabled people. This requirement was previously contained in Part 3 of the Disability Discrimination Act 1995, which was repealed when the EA2010 was commenced in October 2010. The Blue Badge specific guidance for the act was updated in June 2011 to take account of changes brought by implementation of the Blue Badge Improvement Service and replaces the previous DfT guidance that was published in January 2008.

    In order to be protected by the Act, a person must meet the Act’s definition of disability, see Part 2: Guidance on matters to be taken into account in determining questions relating to the definition of disability. Other than the recognition provided within the awarding of DLA, we have a problem as others have stated, there is no regulated list of the disabled other than as stated in a~n~other thread by a regular to these boards that regulations provide for a person who is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist to be deemed to have a disability, see here in A10.

    Many organisations offer concessions for the disabled, but they are concessions not rights, even the government abolished half price coach concessions for 3 million older and disabled people on 1st November 2011. Many people confuse concession with a 'legislated protected right'.

    Even seriously injured Service personnel, have not yet been given the concession promised by Cameron just over a year ago that the most seriously injured [‘those whose lives are irreparably altered by Service’] personnel, consistent with the fundamental principle of the Armed Forces Covenant that, in some cases, Armed Forces personnel should be entitled to special treatment, and that's written into the Armed Forces Act 2011.

    In short in order to claim protection under the Equality Act 2010 you need prove in a court of law you are eligible by (1) receipt of DLA or (2) registered as severely visually impaired by a consultant ophthalmologist, these two would be cost free .. .. or (3) argue [in law] for any of the hundreds of other examples you can think of using the bottomless pockets of some helpful organisation.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • Parva
    Parva Posts: 1,104 Forumite
    It's probably just see #7 Andy&Flo [ aka / rotoguys / sangio / et-al ] gerrymandering one of his own resurrected threads from long ago - he of course would know where to find it !. Don't be embarrassed Parva see #19 he has been trolling these boards for years.
    Yeah Richie, I missed the Andy&Flo times as I wasn't disabled at that time but did have the misfortune to cross swords with Rotoguys and on reaching that point of the thread I realised my error. :)
  • Ellejmorgan
    Ellejmorgan Posts: 1,487 Forumite
    Section 20 of the Equality Act 2010 [EA2010]5 requires service providers to take reasonable steps to ensure that disabled people are not put at a substantial disadvantage compared to people who do not share the disability, when accessing services. This requirement has implications for car park operators who may have to demonstrate that, as well as marking out disabled persons parking spaces, they have taken reasonable steps to ensure that they are available to disabled people. This requirement was previously contained in Part 3 of the Disability Discrimination Act 1995, which was repealed when the EA2010 was commenced in October 2010. The Blue Badge specific guidance for the act was updated in June 2011 to take account of changes brought by implementation of the Blue Badge Improvement Service and replaces the previous DfT guidance that was published in January 2008.

    In order to be protected by the Act, a person must meet the Act’s definition of disability, see Part 2: Guidance on matters to be taken into account in determining questions relating to the definition of disability. Other than the recognition provided within the awarding of DLA, we have a problem as others have stated, there is no regulated list of the disabled other than as stated in a~n~other thread by a regular to these boards that regulations provide for a person who is certified as blind, severely sight impaired, sight impaired or partially sighted by a consultant ophthalmologist to be deemed to have a disability, see here in A10.

    Many organisations offer concessions for the disabled, but they are concessions not rights, even the government abolished half price coach concessions for 3 million older and disabled people on 1st November 2011. Many people confuse concession with a 'legislated protected right'.

    Even seriously injured Service personnel, have not yet been given the concession promised by Cameron just over a year ago that the most seriously injured [‘those whose lives are irreparably altered by Service’] personnel, consistent with the fundamental principle of the Armed Forces Covenant that, in some cases, Armed Forces personnel should be entitled to special treatment, and that's written into the Armed Forces Act 2011.

    In short in order to claim protection under the Equality Act 2010 you need prove in a court of law you are eligible by (1) receipt of DLA or (2) registered as severely visually impaired by a consultant ophthalmologist, these two would be cost free .. .. or (3) argue [in law] for any of the hundreds of other examples you can think of using the bottomless pockets of some helpful organisation.



    Much more eloquent and exactly right I was going by the parking board...
    I always take the moral high ground, it's lovely up here...
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