Time Scales

After reading many threads on the forum I know there is a lot of stress over timescales especially when returning forms and when going through Appeal and further evidence.This leaves me with a couple of questions –

1.Firstly taking into account the Disability Discrimination Act and the new Equality Act, is it right in thinking that the DSS has to consider providing ‘Reasonable Adjustments’ so all disabled users can access its service in a fair and none discriminatory way?

2.DSS timescales during this new process seem totally unreasonable for people who are genuinely disabled and have various difficulties and restrictions day to day. Therefore surely a disabled person should be able to request a ‘Reasonable Adjustment ‘to be taken into account and put into place for the DSS to provide more time so the Disabled person can complete or provide what is being requested of them.

3. Also if requested to attend ATOS Medicals or other Appointments, Appeals or Work focused Groups, training should we make sure as Disabled people that we are exercising our rights and requesting in writing to the DSS what ‘Reasonable Adjustments’ are required to accommodate our disabilities if the DSS wish us to attend or participate?

be interesting to know what you think

Meg3 wrote:

After reading many threads on the forum I know there is a lot of stress over timescales especially when returning forms and when going through Appeal and further evidence.This leaves me with a couple of questions –

1.Firstly taking into account the Disability Discrimination Act and the new Equality Act, is it right in thinking that the DSS has to consider providing ‘Reasonable Adjustments’ so all disabled users can access its service in a fair and none discriminatory way?

2.DSS timescales during this new process seem totally unreasonable for people who are genuinely disabled and have various difficulties and restrictions day to day. Therefore surely a disabled person should be able to request a ‘Reasonable Adjustment ‘to be taken into account and put into place for the DSS to provide more time so the Disabled person can complete or provide what is being requested of them.

3. Also if requested to attend ATOS Medicals or other Appointments, Appeals or Work focused Groups, training should we make sure as Disabled people that we are exercising our rights and requesting in writing to the DSS what ‘Reasonable Adjustments’ are required to accommodate our disabilities if the DSS wish us to attend or participate?

be interesting to know what you think

Hi meg

The questions you pose would be better addressed to your MP. Please see here if you do not know who they are -

Contacting your MP

Kind regards

Michael

Meg3 wrote:

After reading many threads on the forum I know there is a lot of stress over timescales especially when returning forms and when going through Appeal and further evidence.This leaves me with a couple of questions –

1.Firstly taking into account the Disability Discrimination Act and the new Equality Act, is it right in thinking that the DSS has to consider providing ‘Reasonable Adjustments’ so all disabled users can access its service in a fair and none discriminatory way?

2.DSS timescales during this new process seem totally unreasonable for people who are genuinely disabled and have various difficulties and restrictions day to day. Therefore surely a disabled person should be able to request a ‘Reasonable Adjustment ‘to be taken into account and put into place for the DSS to provide more time so the Disabled person can complete or provide what is being requested of them.

3. Also if requested to attend ATOS Medicals or other Appointments, Appeals or Work focused Groups, training should we make sure as Disabled people that we are exercising our rights and requesting in writing to the DSS what ‘Reasonable Adjustments’ are required to accommodate our disabilities if the DSS wish us to attend or participate?

be interesting to know what you think

Hi M3,

Making a request for "reasonable adjustments" under EA2010, is not as straight forward as it may seem.

The first hurdle is to actually prove that you are in fact classed as "Disabled" under the definition of the DDA. See guidance link on this webpage. :

www.direct.gov.uk/en/DisabledPeople/Righ...ityRights/DG_4001068

It would always be advisable to seek legal advice.

Problems could arise in using RA EA2010 with regards to extra time in filling in your ESA50, in that, if the claimant had nothing in writing to confirm that extra time was being allowed to fill in and return the ESA50, and failed to return it by deadline, the claimants benefit could cease.

One would then have the up hill battle to get it reinstated.

Likewise, if a claimant failed to attend a face to face due to an RA EA2010 request, without written confirmation that they need not attend, then the claimant could be found fit to work and lose their benefit.

It could be less risky to request RA EA2010 with regards to phone contact, or RA's to made at a face to face.

As I have said, not straight forward and potentially risky.

Gaining legal advice on this issue, would always be the recommended course of action.

cheers

bro58

thank you for all that info.. I will be writting to my MP and pointing out my concerns with being a Customer to the DSS and ATOS and the fact I believe I am covered within the terms of the Equality Act 201O as mentioned as being a physical impairment that has a long term substantial effect on day to day activities.I do not believe the DSS or ATOS have taken that into account the meaning of the Equality Act 2010 or the Health & Safety Act by not advising how they intend to consider what Reasonalbe Adjustmetns can be considered or put into place for disabled people affected going through these goverment changes. They will be aware there are many of us covered by Acts due being Blue Badges holders, DLA, etc., I feel Reasonable Adjustments and Health & Saftey need to be taken into account and I believe everyone with a Disability that fits within the meaning of the Equality Act 2010 should be requesting Reasonable Adjusments. I know at an appoinment at the DSS, I asked to use the lift,or have a downstairs room, a security guard took me in the lift, it was not for public use just office staff!I also asked for a good chair with back support with arms on, and a short breaks to stretch. Those adjustments were eventually made for my 1 hour appointment. I will definatly be in touch with my MP after all the DSS should lead by example at there handling of disabled people and there concern for Health & Saftey and Reasonable Adjustments. meantime I am going to keep asking for Reasonable Adjustments. I will also write to my MP to advises me furhter on this.