Disability descimination act

nashly

If employers and just about anything else are not allowed to discriminate against disability then how can the DWP be allowed to do it ?

McKneff

You really need to give more information if you want an answer. In what way have the DWP been discriminatory

dmg24

You might also want to refer to the correct legislation ...

saving_pennies

How have DWP been discriminating towards you? I am sure that DWP have to abide to disability legisation.

nashly

In the DDA it is clearly set out what a disability is and even though it now comes under the equality act the premise is similar in description except that is when the DWP look at it a completely different way and ignore it stating many people do not have a disability at all. Surely the DWP or ATOS are breaking the act.

nashly

saving_pennies wrote: »

How have DWP been discriminating towards you? I am sure that DWP have to abide to disability legisation.

Hi

Not me personally, but they seem to be, reading a lot of threads on this forum.

Horace

I don't think the DWP are discriminatory against disabled people. There has been a recent change over the way in which people claim Disability Living Allowance and other disability benefits - this is due to the government seeing where they can save money and seeing if those people claiming are truly entitled to claim because there have been a lot of well publicised frauds where people have claimed DLA stating they cannot walk for 10 yards and yet they are out lindy hopping every week.

GlasweJen

The DWP never rule on wether or not someone is disabled.

When they knock back a claim for DLA they are saying that the persons condition does not give rise to care or mobility needs. People can be disabled without having these needs.

When they knock back a claim for ESA they are saying that the disabled person is not incapable of any work, there are disabled people who work full time.

Richie-from-the-Boro

GlasweJen wrote: »

The DWP never rule on wether or not someone is disabled.

When they knock back a claim for DLA they are saying that the persons condition does not give rise to care or mobility needs. People can be disabled without having these needs.

When they knock back a claim for ESA they are saying that the disabled person is not incapable of any work, there are disabled people who work full time.

O/P had his claim for DLA turned down by the DWP

GlasweJen

Richie-from-the-Boro wrote: »

O/P had his claim for DLA turned down by the DWP

I see. So he's been knocked back for DLA and therefore he's been discriminated against?

OP, I'm not saying that you don't have care/mobility needs because I don't know you from Adam but if you've been through an oral appeal with no award then chances are you don't qualify for the benefit. Tribunals are independant and go on evidence submitted from both sides.

Fact is that some disabled people don't have care needs or mobility needs at the level required for DLA, it's not discrimination it's life.

saving_pennies

My understanding is that they are not saying whether someone has a disability but they are looking at the impact that disability has on someone's life. Hence why DLA is given based on care and mobility needs that arise from a disability and not just because someone has a diagnosis/disability. Everyone is different and will have different severity of a disability which then has different level of impact on their life.

If you have been turned down for DLA as Richie-from-the-Boro posted, then there are systems in place to disagree with their decision, i.e. reconsideration and appeal. When the DLA is turned down it is not the DWP saying someone doesn't have a disability, it is saying that the needs that arise from the disability do not meet the criteria for DLA.