What counts as disability?

Hope no one minds but it struck me that we needed this thread. Since 1995 when the Disability Discrimination Act (DDA) came into being, whether or not someone 'counts' as being a disabled person tends to be decided by the legal definition of disability in the DDA, the following information is cut and pasted from here, I've highlighted the important bits (IMHO) in red.
Definition of 'disability' under the Disability Discrimination Act (DDA)

The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.

The definition

For the purposes of the Act:
  • substantial means neither minor nor trivial
  • long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
  • normal day-to-day activities include everyday things like eating, washing, walking and going shopping
  • a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory
Some conditions, such as a tendency to set fires and hay fever, are specifically excluded.

People who have had a disability in the past that meets this definition are also covered by the scope of the Act. There are additional provisions relating to people with progressive conditions.

The DDA 2005 amended the definition of disability. It ensured that people with HIV, cancer and multiple sclerosis are deemed to be covered by the DDA effectively from the point of diagnosis, rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities.
"According to all known laws of aviation, there is no way that a bee should be able to fly. Its wings are too small to get its fat little body off the ground. The bee, of course, flies anyway. Because bees don't care what humans think is impossible" Bee Movie 2007
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Comments

  • soolin
    soolin Posts: 71,978
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    I've made thispost a sticky pending moderator approval.

    I would just add that even if your condition is treated as a disability you need not declare yourself as a person with a disability if you do not wish to. I know this is an odd thing to say but many people with disabilities prefer to manage without their employers or officialdom labelling them as such and no one can force you to declare it until you feel ready.

    I had a case some years back where an employer was actively encouraging employees with obvious disabilities to declare themselves formally so that the employment history looked good and the employer could show he had a large percentage of people with disabilities. This was against employment rules and even if you have somehting obvious, you do not need to claim anything state benefit wise nor inform your employer unless the condition means you need additional support, or at such time you feel that state benefits would make your life easier.

    A person with a disability is still a person with rights and that includes being in control of your own person. Let no one tell you that you 'must' do something or that you must fill out forms or tick boxes with your employer until you feel ready. I have always been concerned that officialdom sees the disability and forgets that the person living with that disability has rights.
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  • dodgee
    dodgee Posts: 5 Forumite
    :T thankyou
  • mcspanna
    mcspanna Posts: 188 Forumite
    Hi soolin/dodgee,

    Thanks soolin for making this a sticky (pending approval!). Deciding whether to 'disclose' is a very personal decision. I have a visible condition which I always disclose formally because it generally makes life easier, however I have other conditions which I have either not disclosed at all or only disclosed to selected people.

    I feel it's important to point out that even if you choose to disclose, you can state that this information should be kept confidential. For example you could tell your line manager but insist that they don't tell your colleagues. The only way that I'm aware that this confidentiality can ever be broken is under data protection if you are a danger to your self or others.

    Organisations have an anticipatory duty to consider the needs of disabled people as far as reasonably possible (i.e. providing general wheelchair access) but if you need any adjustments personal to you, this can generally only be done if you disclose and can be difficult if you don't give permission for your information to be shared with others (for example asking to use the senior managment parking area because it's closer to the building when you're a lowly clerical worker...it would probably raise a few eyebrows!).

    From my point of view, I have always found that a good knowledge of my legal rights has often given me the confidence to disclose but I appreciate that depending on your circumstances (e.g. an evil boss) it's not an easy decision.
    "According to all known laws of aviation, there is no way that a bee should be able to fly. Its wings are too small to get its fat little body off the ground. The bee, of course, flies anyway. Because bees don't care what humans think is impossible" Bee Movie 2007
  • Shomac
    Shomac Posts: 22 Forumite
    Due to a work related accident in 2000, i am now disabled & its amazing the amount of people who seem surprised when im parked in a disabled parking bay.

    Just because i dont look disabled, doesnt mean im faking it.

    Thanks to the forums on the web, i have gained a lot of useful information.
  • Miroslav
    Miroslav Posts: 6,193
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    Shomac wrote: »
    Just because i dont look disabled, doesnt mean im faking it.

    Alot of us have the same problem.

    I'm the perfect case of 'looks can be deceiving'. I'm tall, wide and appear 'normal' whatever normal is, so when people find out I have a 'disability', they don't believe me. :rolleyes:

    I hope to gain lots from this section on the board, even if it's just good information.
  • MSE_Martin
    MSE_Martin Posts: 8,272
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    Just to say that for this site - a person with disability is self defining, if you think you are you are. The only time this won't apply is if someone is using it to disrupt the use of others in the forum.

    Martin
    Martin Lewis, Money Saving Expert.
    Please note, answers don't constitute financial advice, it is based on generalised journalistic research. Always ensure any decision is made with regards to your own individual circumstance.
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  • Miroslav wrote: »
    Alot of us have the same problem.

    I'm the perfect case of 'looks can be deceiving'. I'm tall, wide and appear 'normal' whatever normal is, so when people find out I have a 'disability', they don't believe me. :rolleyes:

    I hope to gain lots from this section on the board, even if it's just good information.

    Too true I have been disabled since 1991 and you can guarantee I get asked at least once a day what is wrong with me as I don't look disabled :mad:
  • Horace
    Horace Posts: 14,426 Forumite
    I know the feeling, I get asked what my disability is all the time (I am blind in one eye before anyone asks).

    I have a mate who is an amputee and he once parked his motorbike in a disabled bay (he was displaying a badge) and a jobsworth parking attendant was waiting for him when he got back because he was slapping a ticket on the bike for being illegally parked. The attendant didnt believe that my mate was disabled so my mate unstrapped his leg and handed it to him:rotfl: The attendant was left red faced.
  • foxxymynx
    foxxymynx Posts: 1,270 Forumite
    Horace wrote: »
    I have a mate who is an amputee and he once parked his motorbike in a disabled bay (he was displaying a badge) and a jobsworth parking attendant was waiting for him when he got back because he was slapping a ticket on the bike for being illegally parked. The attendant didnt believe that my mate was disabled so my mate unstrapped his leg and handed it to him:rotfl: The attendant was left red faced.

    I would have loved to have seen that! :rotfl:
    If my typing is pants or I seem partcuarly blunt, please excuse me, it physically hurts to type. :wall: If I seem a bit random and don't make a lot of sense, it may have something to do with the voice recognition software that I'm using!
  • Me too.

    I fought being disabled. I was told in 1990 to give up work due to arthritis and cervical spondaloysis but I ignored the consultant and carried on working until 1994 when I just couldn't do my job, which was heart breaking because I loved working with children in a 'special' school.
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