what is 'disabled'?

azjh77

A woman in work says she claims disability for her bad hand - (she is a running joke actually as she only works 2 months of the year and is 'ill' for most of the summer ans Christmas!

Having looked at the DWP website, disability seems to be about mobility and your ability to walk, so 2 questions...

1) Could she be lying? (possible, she told us she had bone cancer last year, but recovered without any kind of therapy! and as someone who's Mum has had cancer I was not impressed I can tell you!)

2) is Asthma considered a disability? I only ask because I have had to reduce my work pattern to 14 hours per week as I get so tired. I can't even walk the kids to school anymore, as it takes too long to get my breath back once I get there!


Also - I have been told I won't ever be promoted as I have refused to do one aspect of my job - ie:- running up and down the stairs fetching. I'm happy to process the work once it gets to me, but can't do the running bit. Can they do this? If I was registered disabled would that protect me from this? Perhaps that's why they haven't managed to sack 'madam' despite her sick record?

Fran

***Boardguide comment***

Hi,

If you want to discuss a subject or your opinions about other people please post them on the Discussion Board.

............................................................................................

Re your questions about yourself and possible disability, you could have a word with your doctor and see what their opinion is about your fitness for work. Your Citizens Advice Bureau could advise if they think you might have a valid claim for Disability Living Allowance. If you look under Useful Links there are some websites relating to disability that might be of use. You could try contacting ACAS to see what they advise. What is the company's policy on disability? Are you in a union, you could ask them for advice?

Asthma.org seems like a useful site.

Oldernotwiser

There's no such thing as "registered disabled" anymore, although many people still use the expression. If your colleague is claiming DLA then your employer may well be making certain allowances for her to avoid the charge of discrimination.

By the way, are you under a specialist for your asthma treatment? It doesn't sound as if your condition is being very well controlled at the moment.

Feanor

Hello,

I have asthma and i have a disabled blue badge for parking, but i do not receive any benefits as in money, but then again i have never applied. I am 24.

I applied for the blue badge off my own back whilst i was at uni. In the winter months i was finding it very difficult to walk to uni with asthma, and so my mum bought me a car (not a spoilt brat, just an old banger!). I then had problems paying the parking. I wrote a seperate letter with my application explaining everything and they accepted. I was quite surprised about it, but its been a godsend.

I agree, your asthma sounds very bad if its as you describe and i would recommend seeing a specialist if you dont already?

I have no idea what other benefits asthmatics can get, but i know a friend of my mums has bad asthma and she gets alot. I think she claims the higher rate of DLA and uses it to buya car on motability.

Good luck anyway x

immoral_angeluk

My mum got DLA and a blue badge after she was diagnosed with lung cancer as the treatment caused her to lose the feeling of her right hand.

seven-day-weekend

I would say a disability is anything that stops you leading the life that you would have led had you not had the condition.

Why don't you try claiming DLA for your asthma (it's not about the diagnosis, it's to do with how your condition affects your everyday life) and then stop worrying about what someone else does or doesn't get?

All worrying about other peopls' enttlements will do is make you bitter and twisted.

Hope this helps.

RibenaBerry_2

There is a difference between disability for the purposes of benefits and disability for the purposes of employment law. To be disabled for employment law, you just need to have a long-term (lasted, or expected to last, at least a year) condition which has a material effect on your ability to carry out day-to-day activities. This includes effects on mobility, dexterity, concentration, etc, etc. (the list is long).

It sounds like you might be disabled for employment law purposes. If you are, you are entitled to reasonable adjustments to your job (or any promotion that you might go for) to adjust for your disability. These adjustments can be quite surprising things, so long as they are reasonable. For example, an employee using a wheelchair and living in central london would have real difficulties using public transport. They might ask for slightly amended working hours so that they can realistically drive to work. Provided that this doesn't hurt their ability to do the job, this might be a reasonable adjustment. Likewise, I don't know how much of your job is running around, but you might ask that that is removed from your role, or reduced.

If your HR people are not sympathetic, I would suggest talking to the CAB.

Arwen

You really can't tell someone's disability just by looking at them. My husband is in remission from cancer and he is only in his mid-thirties.He also has severe asthma and we get strange looks from people when he parks in a disabled space (and we had to fight for DLA and a blue badge). But he has neuropathy (side effect from chemo)and cannot walk far without getting breathless.

Morglin

Why are you worrying?

The person concerned knows what she's got, and how it makes her feel, and that's the only person that needs to know.

Lin

Alleycat

RibenaBerry, would depression count as a disability in employment law? Just curious really as sat at home today due to it and was off yesterday. I know I'm on here, but its keeping my mind occupied and stopping me from having another panic attack. When its bad I find that every time I even begin to think about leaving the house I find it difficult to breathe and end up in a right state. On meds but not sure if it would be considered long term as there are plenty of occasions when I am just fine and have only had a few weeks off this year with it.

isasmurf

Have a look here for more info on the definition of disability under the Disability Discrimination Act.