Equality Act 2010...Meaning of an Impairment.

[PeterWoolnough]

Just reading this and thought some will find it interesting...

Whether a person is disabled for the purposes of the Act is generally

determined by reference to the effect that an impairment has on

that person’s ability to carry out normal day-to-day activities. It is not

possible to provide an exhaustive list of conditions that qualify as

impairments for the purposes of the Act. Any attempt to do so would

inevitably become out of date as medical knowledge advanced.

A5. It is important to remember that not all impairments are readily

identifiable. While some impairments, particularly visible ones, are

easy to identify, there are many which are not so immediately obvious.

[PeterWoolnough]

More from the Equality Act....

• impairments with fluctuating or recurring effects such as rheumatoid

arthritis, myalgic encephalitis (ME)/chronic fatigue syndrome (CFS),

fibromyalgia, depression and epilepsy;

• progressive, such as motor neurone disease, muscular dystrophy,

forms of dementia and lupus (SLE);

[Gillyg in reply to PeterWoolnough]

Hi Peter, what a great thing you are doing helping people know there rights. This morning I have received a letter from job centre plus who pay me my incapacity benefit to say it s changing to employment and support allowance. They say I have been placed in the work-related activity group. I don't understand how after seeing how my SLE, FIBROMYALGIA AND S/S affects me that I explained in my letter they can't see how this is not an illness that can be assessed on paperwork. If I struggled to work a few hours one day I wouldn't be back the next. I am going to disagree with the decision but what is the best way to do it. Sorry I know you are not a well person yourself but any advise you can give would be very grateful. Wishing you well. Gillyg.

[PeterWoolnough]

More from the Equality Act....

B17. Examples of progressive conditions to which the special provisions

apply include systemic lupus erythematosis (SLE), various types of

dementia, rheumatoid arthritis, and motor neurone disease. This list,

however, is not exhaustive

[PeterWoolnough]

Here is an example of a progressive condition and so therefore is a disability before it gets bad...

A young boy aged 8 has been experiencing muscle cramps and

some weakness. The effects are quite minor at present, but he has

been diagnosed as having muscular dystrophy. Eventually it is

expected that the resulting muscle weakness will cause substantial

adverse effects on his ability to walk, run and climb stairs. Although

there is no substantial adverse effect at present, muscular

dystrophy is a progressive condition, and this child will still be

entitled to the protection of the Act under the special provisions in

Sch1, Para 8 of the Act if it can be shown that the effects are likely

to become substantial.

[PeterWoolnough]

Section C: Long-term

Meaning of ‘long-term effects’

C1. The Act states that, for the purpose of deciding whether a person is

disabled, a long-term effect of an impairment is one:

• which has lasted at least 12 months; or

• where the total period for which it lasts, from the time of the first

onset, is likely to be at least 12 months; or

• which is likely to last for the rest of the life of the person affected

[PeterWoolnough]

And he adds more......

Indirect effects

D9. An impairment may not directly prevent someone from carrying

out one or more normal day-to-day activities, but it may still have a

substantial adverse long-term effect on how he or she carries out

those activities. For example:

• pain or fatigue: where an impairment causes pain or fatigue in

performing normal day-to-day activities the person may have the

ability to do something but suffer pain in doing so; or the impairment

might make the activity more than usually fatiguing so that the

person might not be able to repeat the task over a sustained period

of time.

[bettie]

Well, i will have to read this a couple of times for me to understand, but it sounds very interesting, well done.

[PeterWoolnough]

If anyone has any questions with regards to this post just message me...

[Welshexile in reply to PeterWoolnough]

Hi Peter I have just joined the site as I am desperately looking for support of any form to fight my case for DLA & WTC (Disability Element) Back in May I had my DLA and in turn WTC stopped as they decided I was no longer disabled 'enough' - without even sending me for a medical or requesting medical reports. I lodged an appeal and 3 months later was told I would have to go to Tribunal, which due to backlog will not happen until Jan 2012 at the earliest! I was receiving support from my local benefits advice charity but due to ill health and budget cuts they can no longer help me with representation at tribunal and I'm really worried. I simply cannot increase my hours at work yet I cannot possibly survive on wages from 20hrs a week (which completely exhausts me) - it feels like those of us with chronic long term conditions fall through the gaps of welfare benefits and in some ways I feel I'm being discriminated against purely because lupus doesn't fit into any existing Government tick boxes! Both my physical & mental health is being tested to the limit at the moment so I'm reaching out......is anyone else in a similar position? Has anyone got any handy helpful hints or advice?