Disability descimination act

eskimo26

nashly wrote: »

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

Because they are working for the people that make the rules lol. Why else would there be such strict requirements for the use of suitable medical staff in general, except with ATOS.

Atos Origin has reviewed the trend of both General Practices and hospitals to complement the use of doctors with other Healthcare Professionals (HCPs) such as nurses. Under current legislation, only doctors may undertake IB examinations. The CMG has, however, agreed that Atos Origin may pilot the use of suitably qualified and trained HCPs in other benefit areas – provided that they follow appropriate EBM protocols and are supported by LiMA. The piloting of HCPs will begin early in 2006, and planning is already underway. Initially, HCPs will come from Atos Origin’s Occupational Health business, and they will bring practical experience with them to help set up of our HCP resource pool. Customers will see no difference in service as each HCP or doctor will be qualified for the job, follow EBM protocols, and be supported by LiMA

Basically they can shirk the requirement to use a doctor as long as there nurses are supported by LiMA, a software which i believe is banned in new zealand, several states in America after being found unfit for purpose and probably several other places too. I believe it was involved in a HUGE lawsuit in America when used by a health insurance company. (the people with the insurance had there medical needs assessed using LiMA and low and behold the insurance didn't pay out when it should have. Sound familiar to anyone?)

Its very dodgy but who the hell can hold a Government to account? Just look at the enquiries into Iraq, MPs expenses etc.

nashly

GlasweJen wrote: »

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.

Hi

I have not been through the appeal process yet and my question is based on many threads on these boards so not just mine.

Richie-from-the-Boro

nashly wrote: »

Hi

I have not been through the appeal process yet and my question is based on many threads on these boards so not just mine.

Then tell the group why you feel the DWP discriminated against you when they turned down your claim [ care / mobility ] for DLA ?, you never know we may be able to help my friend !

Your thread title : Disability Discrimination Act
Your question : Why are the DWP allowed to practice discrimination

nashly

Hi Richie

I dont trust the DWP and I think they discriminate terribly, my wife would be a good example, she has been getting IB for 15 years and every few years gets a medical form to fill in which she sends back and they stop her benefit, she appeals and has won all 7 appeals as it is decided by an independant panel who dont have an alterior motive.

So my wife is all the evidence I need to make my judgement, but as to mine I am waiting for a knee operation that I have been told is still 40 weeeks from today at the earliest and I cant stand up for more than a few minutes so my physio suggested I should try and claim dla which I am doing.
I have read many threads on various forums of people in a far worse condition than me being denied DLA on renewing even though their symptoms are the same or worse than the original decision when they were first awarded DLA.

starchild1972

DLA is NOT paid on symptoms but on NEEDS.
You could get DLA if you have no obvious/outward symptoms of something but have a great deal of care needs.
You can have a disability that has no care needs.

I have 2 autistic cousins, one runs marathons, works a full time job, lives in his own flat perfectly independent. Doesn't get any DLA
His brother is in a psychiatric unit because he cannot deal with the "outside world". If he was to be in the "outside world" he would be getting 24hr care and DLA.
Both the same form of autism, 2 very different forms of needs. Is one brother being discriminated agains because he has the same condition as his brother but handles life a lot better and therefore does not need DLA?