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  • FIRST POST
    mcspanna
    What counts as disability?
    • #1
    • 19th Oct 08, 1:22 AM
    What counts as disability? 19th Oct 08 at 1:22 AM
    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.
    Last edited by mcspanna; 19-10-2008 at 10:10 AM. Reason: sort out hyperlink and highlighting
Page 3
  • LilacPixie
    i'm another in the 'doesn't look disabled' I have a blood disorder that was undiagnosed for a long time. To cut a long story short i have nerve damage in both hands/arms and right leg but other symptoms are variable.

    I drive a specially adapted automatic car and can only walk short distances if suffering a relapse. Despite this I have 2 young children.

    I have lost count of the amount of times I have pulled up in a 'disabled' space with my husband and children in the car, while displaying my blue badge) to be exposedtoa barriage of critisism from other shoppers becuase i was either too young, should beparked in the parent and child space, shouldn't have children etc etc. To be honest I now would rather shop online than put myself and my family in such a situation.
    MF aim 10th December 2020
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    • an1179
    • By an1179 29th Dec 08, 6:18 AM
    • 1,752 Posts
    • 17,130 Thanks
    an1179
    I am sorry that you have been subjected to abuse

    I am fed up of ignoramuses, they poke their noses in where they are not wanted or needed. And where there is a need for help or assistance they look the other way

    Don't let them get to you

    People make judgements like they do because they are ignorant - it is no excuse I know but just get on with your life and enjoy your children
    • thermalaudio
    • By thermalaudio 29th Dec 08, 6:09 PM
    • 52 Posts
    • 75 Thanks
    thermalaudio
    I used to work with a girl that claimed she was entitled to all of DLA because she was dyslexic, she claimed that she couldn't walk anywhere because she couldn't read road signs properly.. just because she had problems with reading she decided herself that she could claim benefits for not being able to walk.. (she could walk & run, she played netball & hockey) i'm sure she got caught out eventually..
  • Trialia
    I get that rubbish all the time. I'm 22 years old and have fibromyalgia, generalised hypermobility syndrome and bipolar disorder, so I can't drive, but all my health problems are invisible so I frequently get accused of faking and/or glared at when I sit in disabled seats on the bus. It makes me so angry - and I think "I wish I were as healthy as I look!"

    I have never had that kind of attitude from anyone my age or younger. Isn't that a funny coincidence...
  • norangeduck
    Can any one help me understand this?
    Iv recently be told I have to have 2 hearing aids (im only 23) as have low frequency loss - and am now awaiting these to be fitted - in the meantime just a new job in health care, and the occupational health department, said i come under dda - so what does this mean practically, i told her i dont need any specific help, eg stethescope, i think she wants to see me - but what does the dda mean, can i claim benefits or anything?
    thanks
    • Paparika
    • By Paparika 8th Jan 09, 7:22 AM
    • 2,388 Posts
    • 2,352 Thanks
    Paparika
    Can any one help me understand this?
    Iv recently be told I have to have 2 hearing aids (im only 23) as have low frequency loss - and am now awaiting these to be fitted - in the meantime just a new job in health care, and the occupational health department, said i come under dda - so what does this mean practically, i told her i dont need any specific help, eg stethescope, i think she wants to see me - but what does the dda mean, can i claim benefits or anything?
    thanks
    Originally posted by norangeduck

    Don't panic where i work they consider me disabled for being deaf in one ear and because i have an immune disease.

    What it means to you is you will be protected if you are off sick with anything related to your illness, it will not go against you. It also means that if you need any special equipment to enable you to do your job then access to work will be involved. After a year of waiting I've just been given a very posh expensive chair to support my back and neck, and this gadget that goes over my keyboard to help with my paperwork when using a keyboard to help, and a nifty bit of equipment for me to use the telephone.

    Be open and honest with them, it's all to your advantage to help you stay in work.
    Life is about give and take, if you can't give why should you take?
    • Lady_K
    • By Lady_K 12th Jan 09, 12:20 AM
    • 4,405 Posts
    • 855 Thanks
    Lady_K
    Nothing to do with parking but as a teacher I had concerns about a blind child possibly being neglected at home.
    I rang Social Services and the woman said "She's not disabled, only blind so we can't get involved!"
    Originally posted by looby-loo
    Did you take this any further looby loo?
    Thanx

    Lady_K
    • eddy51
    • By eddy51 12th Jan 09, 4:49 PM
    • 8 Posts
    • 2 Thanks
    eddy51
    Cognative deficits
    My son has always had severe problems in making sense of things. He lives in the minute and appears to have a very poor working memory. He forgets mid sentence what he is talking about.. Over the years this has turned into a personality problem and he has severe mood swings. He was diagnosed first with ADHD and then Thought Disorder by a consultant called Fynn Cosgrove 10 years ago.
    He has been on DLA for 13 years now and still even certain friends say there is nothing wrong with him hes just crafty. It breaks my heart to hear this when he has such problems. How can he even explain his disability when asked? He refuses any help because of the stigma. When I try to back him up I am accused of being an interfering parent. My heart aches for him it is so sad.
  • pompeyfaith
    Not sure if i am disabled
    Good Evening All,

    I had a stroke in may 1990 at the age of 24 which left me paralyzed down my right side after much therapy I got myself walking again and back to work full time in all i was off work for 12 mths.

    Now i still have problems but I manage one way or another I have a club right hand ( god I hate that term) stiff right wrist a right foot that drops gets worse the further I walk and a curvature in my back.

    Now September 07 I was made Redundant I got some temporary work but that dried up in April 08 due to the recession. so I signed on for work and went for many interviews but got no where you see soon as I walk in for the interview they see my hand and that puts me on the backfoot Ive done NVQ training in computing re-sat English and maths and got good passes but has got me no where if fact one employer said blimey what you doing here mate you should be at home getting dla yup I was quite put out.

    Anyway I gave up looking for work and instead i went to see my GP he signed me off work and got me more therapy but even he does not understand my situation fully I sent him a DDA pro-forma so my son could get the full 30 EMA and the GP just stated weakness down right side and as he has worked for the last 18 yrs i would not class him as being under DDA.

    The problem I have now is where all my weight has gone on my leftside over the years i get pain in my left hip and knee.

    I am currently on long term I.B but getting really bored I'm thinking of doing voluntary work if it does not effect my I.B that is.

    My question is do you think by what I've told you I'm disabled and because I have very very limited use of my right hand ( I score 15 points) I would qualify for DLA.

    Regards

    Pompeyfaith
    Last edited by pompeyfaith; 12-01-2009 at 11:09 PM.
    • Lady_K
    • By Lady_K 13th Jan 09, 12:45 AM
    • 4,405 Posts
    • 855 Thanks
    Lady_K
    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
    Originally posted by MSE Martin
    pompeyfaith

    What do you mean you score 15?
    Thanx

    Lady_K
    • calleyw
    • By calleyw 13th Jan 09, 1:16 PM
    • 9,251 Posts
    • 17,235 Thanks
    calleyw
    pompeyfaith

    What do you mean you score 15?
    Originally posted by Lady_K

    I thought for what was IB or the new ESA you had to get at least 15 points.

    Yours


    Calley
  • pompeyfaith
    Re DDA
    Yes i do score more than 15 points hence why i passed the review out of all the points i got 15 was the highest individual score i got for my hand.

    Regards

    Pompeyfaith
    • strong96
    • By strong96 13th Jan 09, 9:14 PM
    • 126 Posts
    • 16 Thanks
    strong96
    The best thing to do is just apply for it, you can do it online now on www.direct.gov.uk and click on the DLA section under benefits tab, there is sections to complete for GP, and Specialist.

    I have probs with my feet, legs, hips, blood clots etc amongst other diagnosed conditions, take 1000mg calcium & vit d everyday for osteoporosis and have problems & pain when walking, loosing balance etc, according to DLA because i can walk 50 metres i'm not eligible for it, so i'd imagine that if your OH is in the army/navy and capable of doing exercises etc then they won't be either.
    Originally posted by thermalaudio

    He is army and doesnt do exercises as cant ay longer, they cant kick him out as they've already admitted responsibility for his condition, the specialist have said that they may need to cut the ends off 6 toes as they are dead yet he's not classed as having a disability?
    • Lady_K
    • By Lady_K 14th Jan 09, 2:35 AM
    • 4,405 Posts
    • 855 Thanks
    Lady_K
    I checked the ib scoring and I'd score higher than 15. I'm already on it but I have never known what I had scored. It just eases my mind a bit more because I was worried about applying for dla in case they took my ib off me with all this reshuffle thing and end up with nothing.

    Do you lose ib if you get dla or part of it?
    Thanx

    Lady_K
    • MandyQue
    • By MandyQue 14th Jan 09, 1:49 PM
    • 130 Posts
    • 122 Thanks
    MandyQue
    Yet another invisible disability story..

    My daughter is 12 years old and is physically healthy. As a result we get the Looks when parking in disabled bays. But she is severely autistic. She is unable to talk or understand when people talk to her, she has severe learning disabilities, no sense of danger, needs one to one supervision at all times and can have severe behavioural difficulties. We've had some hellish times at the hands of judgemental people because of it. I'd love to challenge these people to look after her for an hour and THEN tell me there's nothing wrong with her!
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  • covlass
    [quote=MandyQue;17673003]Yet another invisible disability story..

    My daughter is 12 years old and is physically healthy. As a result we get the Looks when parking in disabled bays. But she is severely autistic. She is unable to talk or understand when people talk to her, she has severe learning disabilities, no sense of danger, needs one to one supervision at all times and can have severe behavioural difficulties. We've had some hellish times at the hands of judgemental people because of it. I'd love to challenge these people to look after her for an hour and THEN tell me there's nothing wrong with her![/quote]

    That's just how I feel
  • Palema
    I have been reading MSE for several years but only signed up recently to start posting, I stumbled upon this board by accident and I'm so glad I have.
    My mother stepped from the road onto the pavement near our home one saturday morning in February 2005 as she did this she said something in her leg "snapped" and she hit the ground in agony. The doctors including those at BUPA have been unable to hep her and rectify the injury, she has what is called an avulation hamstring (sp??) Two years ago she was registered disabled and now walks with the aid of a crutch. She has gone from an active lady to someone who, on a bad day, cannot walk to the end of our road.
    I agree with some others who have posted and like them I am not ageist but, on several occassions I have taken my mother to the doctors and there is one old man who always parks his car over 2 disabled spaces, others just tut and talk under their breath as you walk past.
    My mother has applied without success to get DLA or Incapacity Benefit. I think she is going to try and reaplly again soon. She still works but has had to cut her days and now only works part time much to her disgust!
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    • black paw
    • By black paw 20th Jan 09, 1:08 AM
    • 1,775 Posts
    • 1,147 Thanks
    black paw
    for IB benefit you need to be off sick ( not working ). the doctor gives you a certificate to send in to DWP. but first you need to go sick from work .after a lot weeks later when firms money runs out you apply for IB , you then send in doctor certicates every few weeks . then you are some times sent for a DWP medical to get further proof , they look at all your hospital / doctors reports aswell .very involved these days. best to ask advice at local disability office or CAB for help , if you appeal they will help you . the DLA forms are very hard to fill in , and most people are advised to get help with these. this can some times mean a DWP doctor visiting you at home to access how you move and do things. good luck
    the truth is out there ... on these pages !!
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  • Deal Chaser
    Epilepsy
    Hi!

    What can I say discrimination should NOT be tolerated or even in existence in any form however , the disabled seem to be an easy target??!! even when not highly visible diasbility you just can't seem to win.

    Employers sometimes to talk the talk re the legislation,quotas BUT they don't always seem to appreciate the personal/emotional issues re disability the turmoil of drug changes. Re reasonable adaptions they can interpret that how they wish & do!!!!!!

    I have had some funny looks when shown my bus pass a few of the regular drivers curiosity got better them & enquired what was wrong!!! Times missed stops ended up ????? Been shopping with partner & got strange looks as people thought I was drunk!!! (Irony drugged upto the eyeballs bn more appropriate!!!!!)

    NY Resoluion to claim DLA finding it hard to fill in form!!!! had 4 so far?

    Take care all & keep well
    • nwt83
    • By nwt83 29th Jan 09, 3:42 PM
    • 613 Posts
    • 3,758 Thanks
    nwt83
    Hi all,
    I only normally post on the competitions thread but I came across this and I thought I would contribute.

    I'm 25 and have a non-standard hip replacement. Because my skeleton was abnormal in the first place there is only so much they could do. It was a complicated operation and took six hours instead of the usual 90 minutes.
    So I still have DLA because of my manner of walking (I limp, am unsteady and am very slow) and I still suffer back and knee pain and spasms.

    I get dirty looks on a regular basis when I use the blue badge, even when they see me walking badly.

    Unfortunately I could write a book about all the prejudice and discrimination i've encountered and i've only managed to get as far as I have through sheer stubbornness and determination.

    I don't know about anyone else, but i've found that since the DDA was more strictly enforced, discrimination in the workplace is more covert. It's still there, but people are more clever about how they go about it.
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