Is RLS aka Willis Ekbom Syndrome classed as a disability?

[Kingjo]

I have just read through the Equality Act 2010 and I believe that this disease is covered. Does anyone know if it is a disability?

[DicCarlson]

In the USA it probably is - however most of the information is from law firms that specialize in helping clients get benefits.

[Hidden in reply to DicCarlson]

It’s not, unfortunately, unless you prove it’s “medically determinable impairment” which is not fair if you ask me since there isn’t a “test” per say. I was diagnosed after participating in an overnight sleep study and my legs were flying. I wish for the days where that was the only problem. RLS is excruciating and can keep even the hugest pain tolerant patient awake at night. I’m with you both. Pain is pain! I don’t even get disability with my fibromyalgia. I would need a lawyer and I don’t have the money at the moment. Good luck to you both!!!!

[DicCarlson in reply to Hidden]

Some info on Fibro and SSA...

secure.ssa.gov/poms.NSF/lnx...

[Joolsg]

I am a retired lawyer Kingo and I agree with you. I believe RLS does fall within the definition as set out in the UK Equality Act 2010, BUT employers will most definitely try to dispute/fight this and they know it will be for the employee to prove they fall within the Act. Citizens Advice Or Unions may help.

This is Legislation that applies in England & Wales so will not help visitors from USA or Australia.

[LotteM in reply to Joolsg]

Or The Netherlands! Here, it depends on how RLS affects your daily life. Your degree of disability is assessed by how much you can do (as opposed to not do) and how much you can earn with your remaining ability relative to what you earned before. Unfair to people who didn’t earn much when they were still fully able - but that is off topic. Anyway, proving that your ability to work is much reduced because you’re so tired is not easy. Usually the tiredness and exhaustion don’t show at first or second or even umpteenth glance.

[Joolsg in reply to LotteM]

I agree Lotte.

The Equality Act does not help you obtain benefits in the UK, it sets out what the employer must do to help you in the workplace by making reasonable adjustments, like changing shift times.

It is very difficult to get benefits now in the UK and the Equalities Act won’t help with that.Benefits are covered by separate legislation and you have to fill out detailed forms and get medical evidence to back up your claims. It is almost impossible to get benefits now.

Jools