- Posts: 4
× Members
Disability Discrimination A9 & A10?
- 2loula
- Topic Author
- Offline
Less More
12 years 1 month ago - 12 years 1 month ago #98564 by 2loula
Disability Discrimination A9 & A10? was created by 2loula
Hi All,
Has anyone with Cancer, HIV and MS actually challenged the ATOS ESA tests to determine whether a person is fit to work?
The wording in the Disability Disriminations Act 2005 regarding the above conditions - point A9 & A10 seems to being looked over?
As far as I can tell people who are in the above groups legally once diagnosed should not have to prove their conditions as generally they are degenerative and would mean ongoing assessments causing more distress than is needed over many years.
I cannot find if anyone has successfully proven this law is being broken ( or not? ).
Please could someone kindly put me out of my misery or help point me in the right direction.
Kind reagrds.
Has anyone with Cancer, HIV and MS actually challenged the ATOS ESA tests to determine whether a person is fit to work?
The wording in the Disability Disriminations Act 2005 regarding the above conditions - point A9 & A10 seems to being looked over?
As far as I can tell people who are in the above groups legally once diagnosed should not have to prove their conditions as generally they are degenerative and would mean ongoing assessments causing more distress than is needed over many years.
I cannot find if anyone has successfully proven this law is being broken ( or not? ).
Please could someone kindly put me out of my misery or help point me in the right direction.
Kind reagrds.
Last edit: 12 years 1 month ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
12 years 1 month ago #98566 by Gordon
I believe it is now the Equality Act 2010, however, this legislation does not deal with someone being Fit for Work or not, but rather refers to disability, also a diagnosis of any of these conditions does not mean in itself that someone would qualify for a benefit, as it is the degree of disablity that results that is being tested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Disability Discrimination A9 & A10?
louise wrote: Hi All,
Has anyone with Cancer, HIV and MS actually challenged the ATOS ESA tests to determine whether a person is fit to work?
The wording in the Disability Disriminations Act 2005 regarding the above conditions - point A9 & A10 seems to being looked over?
As far as I can tell people who are in the above groups legally once diagnosed should not have to prove their conditions as generally they are degenerative and would mean ongoing assessments causing more distress than is needed over many years.
I cannot find if anyone has successfully proven this law is being broken ( or not? ).
Please could someone kindly put me out of my misery or help point me in the right direction.
Kind reagrds.
I believe it is now the Equality Act 2010, however, this legislation does not deal with someone being Fit for Work or not, but rather refers to disability, also a diagnosis of any of these conditions does not mean in itself that someone would qualify for a benefit, as it is the degree of disablity that results that is being tested.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David