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Equality Act
- marnie
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5 years 5 months ago #221917 by marnie
Equality Act was created by marnie
I noticed you mentioned the Equality Act in a previous topic.
I am in support group ESA and highest amount for PIP. I have always had strong medical evidence and I’ve never had a face to face. My CPN and GP have always done a letter saying I would be at risk of serious relapse if called for one and I’ve always had a paper based assessment. ( it wouldn’t make any difference where it was held, I am unable to comply)
In the event of them ignoring this, could I request a paper assessment as a reasonable adjustment under the Equality Act?
Thanks
I am in support group ESA and highest amount for PIP. I have always had strong medical evidence and I’ve never had a face to face. My CPN and GP have always done a letter saying I would be at risk of serious relapse if called for one and I’ve always had a paper based assessment. ( it wouldn’t make any difference where it was held, I am unable to comply)
In the event of them ignoring this, could I request a paper assessment as a reasonable adjustment under the Equality Act?
Thanks
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- Gordon
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5 years 5 months ago #221961 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Equality Act
Marnie
The simple answer is that you can but it may not support your request for a PBA.
The Equality Act ensure that those with a disability are treated in the same way as those who do not, so it will be difficult to show that you are being disadvantaged when only those with a disability are being assessed.
This is a threat of action, the Assessment Provider will view it in regard to the likelihood of your pursuing the matter, they may not think that you will.
Lastly, any action under the Equality Act would be separate from your benefit assessment, so even if it were successful the Decision is likely to be too late to have any impact on what will happen if you fail to attend a face to face assessment.
I'm not saying not to use this option but you need to understand it's limitations.
Gordon
The simple answer is that you can but it may not support your request for a PBA.
The Equality Act ensure that those with a disability are treated in the same way as those who do not, so it will be difficult to show that you are being disadvantaged when only those with a disability are being assessed.
This is a threat of action, the Assessment Provider will view it in regard to the likelihood of your pursuing the matter, they may not think that you will.
Lastly, any action under the Equality Act would be separate from your benefit assessment, so even if it were successful the Decision is likely to be too late to have any impact on what will happen if you fail to attend a face to face assessment.
I'm not saying not to use this option but you need to understand it's limitations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- marnie
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5 years 5 months ago #221965 by marnie
Replied by marnie on topic Equality Act
Thanks Gordon - I understand what you say about disability but everyone’s disability affects them differently. In my case it isn’t that I’m being awkward or that I could have a face to face if this or that was in place, I absolutely am unable to do this. Luckily I’ve not been in that position because I’ve had strong evidence to explain this so hopefully I won’t need to use the Equality Act anyway. I really do not think anyone can cause someone deliberate harm and go against medical opinion even if they are government contractors. What do you think?
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5 years 5 months ago #221971 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Equality Act
marnie
It will depend on the letters written your CPN and GP, whilst at the extremes, it is quite black and white in the centre it can be quite grey and will be down to the assessor agreeing that the risk is significant and the that the harm you might receive is reasonable.
Gordon
It will depend on the letters written your CPN and GP, whilst at the extremes, it is quite black and white in the centre it can be quite grey and will be down to the assessor agreeing that the risk is significant and the that the harm you might receive is reasonable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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