hi ive been told by some people that ... - National Migraine...
hi ive been told by some people that migraines are classed as a disability. I cant find any site to verify this
I went to citizens advice bureau for help with claiming benefits and was advised migraine and cluster headache are not classed as disability and to claim ESA instead. I would be very interested to hear other experiences though.
I found this
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Migraine
What is migraine?
Migraine is a clinical syndrome involving attacks of multiple symptoms occurring in ‘episodes’ or ‘attacks’. The attacks are separated by intervals in which the person returns to their usual state of health. The symptoms include:
Headache
Nausea
Sensory sensitivity
Muscle pain
Cognitive disruption
The symptoms will vary from person to person and individuals may have different symptoms during different attacks. Attacks may differ in length and frequency. Migraines usually last from 4 to 72 hours and most people are free from symptoms between attacks. Migraines can have an enormous impact on work, family and social lives.
How could having migraine affect someone at work?
There are approximately 8 million migraine sufferers in the UK and, there are an estimated 190,000 migraine attacks every day. One of the main reasons given for sickness absence at work is headaches or migraines at a cost of over £2.25 billion to the economy. There is a further financial, emotional, social and personal cost to the individual. Migraine prevalence is age-related and is most prevalent between the ages of 30–50 although can occur at any stage of an individual’s life. Women are also more likely to suffer from migraine attacks than men. Despite the vast number of people affected by the condition awareness is low and just over a third (34.3%) of migraine sufferers face difficulties or discrimination at work because of their condition (The Migraine Trust, 2004)
The episodic nature of the illness can make it hard to appreciate just how ill your employee may have been. Some sufferers may have migraine only once or twice a year while others may have it two or three times a week.
The ‘invisible’ condition
There is also the likelihood that your employee has played down the severity of their condition because of:
A fear of losing their job
A fear of being seen as unreliable
A fear that they will be passed over for promotion
Not wishing to be thought of as ill or disabled by the condition
Migraine as a disability
Migraine can be classified as a disability under The Equality Act 2010. A person will be classified as disabled for the purposes of the law if they meet the following criteria:
They have a physical or mental impairment
The impairment has a substantial and long-term adverse effect on their ability to perform normal day-to-day activities
Minimising the impact of workplace triggers on employees with migraine
As an employer you should be aware that you can take steps together to minimise the impact in the work place by reducing the trigger factors wherever possible. By supporting employees in this way you are sending out a positive signal to all employees. You should be aware that:
These changes are not necessarily expensive
It may not be possible to eliminate all of your employees’ migraine attacks but hopefully you can contribute to a reduction in the frequency and or severity of attacks
These changes can also help other colleagues who may suffer from headaches
Improved working conditions and practices can help all staff
You may already have systems and policies to ensure a healthy work environment support.
Adjustments could include:
Change to workplace practices: Frequent breaks, access to drinking water, rotation of tasks etc. will enable individuals to manager their migraine triggers in the workplace
Stress Management:Tackling stress in the workplace and within an individual’s job role may help to reduce and tackle migraine triggers. Regular supervisions between individuals’ and their managers will help to identify work related stress.
Changes to the physical work environment: Lighting glare, computer screens, poor ventilation and discomfort caused by an employee’s work station can, amongst others, trigger migraine attacks.
The Migraine Trust has created a Workplace Pack to support employers and employees to manage migraines in the workplace. More information can be found at migrainetrust.org/informati... by contacting advocacy@migrainetrust.org
AND THIS -
The law
The information on this site is presented in plain English. Links are provided to sites containing legal definitions and should be referred to for accuracy and completeness.
What counts as a disability in law?
Disability is not always obvious. The Equality Act 2010 defines a person as disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities.
‘Normal day-to-day’ means things that people do on a regular or daily basis, such as reading, writing, using the telephone, having a conversation and travelling by public transport .
‘Long-term’ usually means the impairment should have lasted or be expected to last at least a year.
‘Substantial’ means not minor or trivial.
The key thing is not the impairment but its effect. Some people don’t realise that impairments such as migraines, dyslexia, asthma and back pain can count as a disability if the adverse effect on the individual is substantial and long-term. Some conditions automatically count as disabilities for the purposes of The Equality Act 2010, from the point of first diagnosis - these are cancer, HIV and multiple sclerosis (MS).
Your local Jobcentre Plus or the Equality and Human Rights Commission ( EHRC) can tell you more. The EHRC has advice on what counts as a disability link to external website according to the law.
Treating disabled people fairly: Avoiding discrimination
It is discrimination to treat a disabled person unfavourably because of something connected with their disability (eg a tendency to make spelling mistakes arising from dyslexia). This type of discrimination is unlawful where the employer or other person acting for the employer knows, or could reasonably be expected to know, that the person has a disability. More information on disability discrimination is available from the Equality and Human Rights Commission (EHRC) website link to external website.
Disability equality in the public sector
Public authorities and public, private or voluntary organisations carrying out public functions have a new Equality Duty. In summary, those subject to the duty must, in the exercise of their functions, have due regard to the need to:
Eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act.
Advance equality of opportunity between people who share a protected characteristic and those who do not.
Foster good relations between people who share a protected characteristic and those who do not.
The EHRC website link to external website provides more information on the public sector equality duty
Making reasonable adjustments
Employers are required to make 'reasonable adjustments link to external website' to jobs and workplaces for disabled workers. This is to ensure disabled people have equal opportunities in applying for and staying in work. Workplace adjustments may also be made on a temporary basis.
Reasonable adjustments may include:
adjustments to the workplace to improve access or layout;
giving some of the disabled person’s duties to another person, eg employing a temp;
transferring the disabled person to fill a vacancy;
changing the working hours, eg flexi-time, job-share, starting later or finishing earlier;
time off, eg for treatment, assessment, rehabilitation;
training for disabled workers and their colleagues;
getting new or adapting existing equipment, eg chairs, desks, computers, vehicles;
modifying instructions or procedures, eg by providing written material in bigger text or in Braille;
improving communication, eg providing a reader or interpreter, having visual as well as audible alarms;
providing alternative work (this should usually be a last resort).
More examples of workplace adjustments
Confidentiality and data protection
Revealing a disability
If a disabled person expects an employer to make a reasonable adjustment, they will need to provide the employer with enough information to carry out that adjustment. Disabled people have a right to confidentiality and an employer must not disclose confidential details about them without their explicit consent.
Data protection
The Data Protection Act 1998 link to external website places duties on employers to ensure confidential and appropriate handling of ‘sensitive personal data’, which includes data about a person’s health.
The Data Protection Act also gives individuals the right to see personal data and information held or processed about them, provided they request it in writing. This provision is important in accessing personal information relating to a risk assessment.
Who has health and safety responsibilities?
Health and safety laws place duties on everyone concerned with work activities.
Employers have a general duty to take 'reasonably practicable' to protect workers, and those affected by their work activities, from the risk of injury or harm at work. They must also provide workers with the information, instruction, training and supervision required to ensure their health, safety and welfare at work.
Employers also have specific duties depending on the nature of their business.
Employees must look after themselves and look out for others who may be affected by their work activities. They must also co-operate with their employers on health and safety.
Resources
Health and safety for disabled people and their employers: large print
Health and safety for disabled workers and people who work with them: An easy read guide
More resources
See also
Equality Act Codes of Practice on Employment link to external website
Acas link to external website
RADAR link to external website
Disability employment advisors link to external website
This is excellent,👌🏾👌🏾👌🏾😘
Sorry if there is so much to read, lol!
I suffer from Chronic Migraines. I went to the CAB to see someone who is trained in filling out disability forms etc. I didn't think I could get any help but to my surprise, I was excepted for DLA. I also suffer from Depression and idiopathic intracranial hypertension although that is in remssion xXx
Don't be sorry, this is great, and very informative. The health Unlocked Pain Concern community have a similar post going at the moment - hope you don't mind but I have suggested people from there read your response, as it will equally apply to some people with chronic pain. Thank you !
Ive had Daily Severe Chronic Migrane for 15 years. I'm on ESA which is £100 less than JSA each month. Government just want to save money.
What is EsA?? sorry LOL
Has anyone had a successful claim for PIP because of there Migraines ?
I'm also a sufferer and was under the impression that chronic migraine is classed as a disability (2010) act .
I am suffering on a failing basis now have been for a few months though had "headaches"occasional migraines more years , but seems now it's got a grip and won't let go! I'm on new Meds at min tried topax no good , now on neurontin see how they go , have applied for PIP I have appointment next week but I'm not holding my breath on getting anything to be honest even though these last few months I've had 15 or so no consecutive pain free days in total ! This month so far 1 day pain free :/ anyway I'll see how it goes. :/ my main concern is how am I supposed to get employment if I don't know when I'm going to be ok tomorrow or not?? Who's gonna wanna employ someone like that??
I have recently been fired from my job of 13 years , because of migraines.
it was a battle for about 18 months.. They initially allowed me to make up the time lost because of migraines ( I was happy to do that; as it meant the instances of hours lost weren't counted as instances of sickness.. ( you were only allowed 3 instances in 6 months..
Keep in mind, an instance can be one day , 5 hours or six weeks ) whatever.
Then, I went through of period of getting sick a lot, all covered by dr notes, I think because of stopping HRT... I was getting chest infections, kidney infections, flu, colds, all on top of migraines ...
Then one day, they took the option of making up the time away from me, and the migraines were now counted as sickness.
I had a melt down... Couldn't go in to work, because I knew my migraines would cause me to get fired, by falling foul of thei strict sickness policies.
I fell into a deep depression, was put on antidepressants that messed me up terribly .. The migraine prevention drug TOPAMAX completely destroyed me.. I was like an 80 year old dementia patient ( I'm 52)
then , I got fired.
Nice.
I'm getting ESA ( only for a year, contribution based) , and trying to see a way forward, when it all looks like a black hole to hell.
The migraines are almost daily now.
I am looking at this form for PIP, and not seeing how I can fill it in.
When I don't have a migraine, I'm not too bad, but when I have a migraine, I'm unable to function. AT ALL.
But the questions are not created in a way I can describe that.
I'm afraid no one will hire me, I know I wouldn't , if the tables were turned.
But I can't turn myself in for extermination either, so what to do?
Please can someone tell me, what the hell am I going to do ?
Not sure if you still use this site, but my husband also had some pretty horrible side effects off topimax when given it by 1 doctor. The neurologist saw him during this time and changed his meds to Duloxetine. The side effects are far less, we haven't noticed any yet.
It's an awful drug, it's taken me about 6 months to come back to normal ( whatever that is ! )
My short term memory is still bad though. Wasn't bad before I took that poison.
I'm finished with drugs, I firmly believe they cause more harm than good, so now I'm taking the good nutrition and good mental health approach ! ( still trying to add exercise , that's the hardest for me )
You sound like me!! I'm 51, had daily migraine for 19mths, getting close to losing my job too.
I get ESA contribution and £29 a week PIP. Only for a yr.
They invite you go for an interview which is difficult because your heads banging and i don't know about you but my head was wooly/ confused and couldn't communicate properly.
They do a memory test with you, which you'll fail and feel stupid doing. Just do it though.
Can you not go into a DWP advice shop and get help completing your forms?
Good luck 😆
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