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If you are refused DLA are you declassified as disabled?

Sarah-Jane profile image
11 Replies

I need to know because I'm only holding onto my job because I have been classified as disabled, but if an official body says you aren't, how do I win that argument?

Just got paperwork for the mobility part of the DLA due in February, and seeing as so many people have to fight for this, I'm now worried.

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Sarah-Jane profile image
Sarah-Jane
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11 Replies
Royalspec01 profile image
Royalspec01

Hi, There is only one way to do this and that is with medical agencies e.g. podiatrist, biomechanics, doctor,

But I would like to add that a Citizen's Advice Advocate would certainly help you get heard and fight your corner. Hope this helps.

Maggiet profile image
Maggiet

If you have a look at the Equalities Act 2010 that may help. I rang Disability Scotland and was told that if I had one of those disabilities then I was disabled, though others think otherwise. I've just put in an appeal for DLA so good luck with yours and your job.X x PS are you in a union?

Sarah-Jane profile image
Sarah-Jane in reply toMaggiet

Yes, Unison.

Maggiet profile image
Maggiet in reply toSarah-Jane

Your union rep should be able to support you, too.

agtf1 profile image
agtf1

Some local councils still run a disability register (i know hampshire still does). Check with your council and if they run the register, they will assess you either by phone or at a short interview, they will then allocate you a score to determine your level of disability and if you qualify they will put you on the local disabled register and issue you with a disabled ID card. This card can also be used to purchase disable tickets to theaters, zoos, etc.

It took a 10min phone call for me to be assessed and put onto the register and I have been refused DLA and an appeal!

I also have a blue badge (dispite being refused DLA).

I would think thank either Blue Badge or Disabled Register should be more than enough for your employer. If you have a helpful and understanding GP (I don't!) then they could also write a letter to your employer confirming your condition.

I think these days it's almost impossible to get DLA/PIP unless you're completely bed bound, so this does not reflect how disabled you are. Good luck!

Sarah-Jane profile image
Sarah-Jane

Thank you all for your advice. I will give it some thought. Never heard of this register though?

Soft hugs

agtf1 profile image
agtf1

If u google "register as disabled"it should give u some links in the uk.

mikeymoo profile image
mikeymoo

Hi, getting DLA is not proof that you are disabled (as far as your employer is concerned). Medical professionals will be able to prove you are disabled (letters, etc). My job is also under threat and I provided evidence from medical professional's before I even got DLA. Of course receiving DLA/PIP is an extra help but it's not the be all and end all. After all, it's letters from medical professionals that the DWP go on. Good luck with re-applying. Hugs X

Offcut profile image
Offcut

Under the new rules for DLA/PIP you have to get the right amount of points. Because you have not been offered DLA does not mean that you are not disabled it means that you have not met their criteria for DLA. You mentioned they have sent you mobility papers which is the next stage to look at. The fact you are working will not help you win DLA/PIP in the full as this shows that you can do things.

I had a fight with my employer when I was off work after ending up in ICU for 32 days 12 of which I was in a coma. i was then off work for 5.5 months and they wanted to give me a written warning for the time off work. I challenged this as they were informed on my application of my conditions and under Disability Discrimination Act this has to be taken into my case. I did also get in touch with the equal opportunities commission who once I explained the situation were willing to back my case and bring proceedings against them if my employer did give me a written warning. They dropped the warning!

When most people think of the word "disability" they immediately picture someone in a wheelchair. But there are many different types of disability.

People with a disability may include:

people who are blind or partially sighted

people with learning or intellectual disabilities

people who are deaf or hearing impaired

people with a physical disability

people with long term illnesses

people with mental health or psychological difficulties

people with an acquired brain injury

According to the World Health Organisation, a disability is…

"any restriction or lack (resulting from any impairment) of ability to perform an activity in the manner or within the range considered normal for a human being"

A disability includes those that:

are present, or

once existed but don't any more, for example, a person who has had a back injury, a heart attack or an episode of mental illness, or

may exist in the future, for example, a person with a genetic predisposition to a disease, such as Huntington's disease or heart disease or a person who is HIV positive.

Be Well

fibrosandie profile image
fibrosandie

I got my disabled card after having my O T assessmentt.

So maybe yiu should ask for an assessment.

fibro profile image
fibro

being turned down for benefit should have nothing to do with it, it just means in their eyes someone doesn't qualify enough to et payment.

only a medical 'person' has the right to say you are disabled or not, not someone who may only be a clerical worker.... hope that makes sense... not having a good head day.

i do hope whatever that you dont lose your job.

not being able to continue working 17yrs ago due to other disabilities was my downfall. i would give anything to be fit enough to go back to work xx ((hugs))

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