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"Reasonable Adjustments' Equality Act

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8 years 4 months ago #147045 by mommaduck
"Reasonable Adjustments' Equality Act was created by mommaduck
I have just received an extension on returning my PIP2 form, which is good news.

However, I now have some concerns regarding attending an assessment centre appointment.

My medical condition automatically qualifies me for 'reasonable adjustment' under the Equality Act 2010, however, to be able to attend an assessment centre, I need my carer, who is my older daughter, to be able to accompany me as I use a manual wheelchair and not able to self propel other than change position. I also have severely impaired hearing and if the assessor is not looking at me as they speak, I will have difficulty understanding what they say.

As my daughter also has a severely disabled child who attends a special college each day, she is not able to leave to assist me each morning as she does each day until he is picked up by taxi at 9 am, she has to be home by 2.45 pm for when he returns at 3 pm.

In order therefor to enable her to take me for my assessment (it will be Atos) the centre would have to be local (there are 2 centres 10 minutes away) and the appointment would have to be no earlier that 10 am (to allow her to then get to me and help me quickly wash and dress and get to the centre ) and no later than 12 noon..allowing 2 hours for the appointment to take place if it was a 12 noon one, so that she could get home in time for my grandson's return. Hope all this makes sense.

Obviously I am going to have to state on the form that I need a local centre (I will name them) with appointment times between the times stated, otherwise I physically just cannot attend as I have no one else to take me and I can't get there alone.

Assuming the worst, this request is likely to be ignored as I believe they don't even read this section before handing out appointments miles away from claimant local centres and then at stupid o'clock in the morning, but am I right in thinking that this request is a 'reasonable adjustment' in order that I can attend? I will explain the reasons.

I fully intend marking the front page of my form in capital letters and then highlighted to please read page 36 re: reasonable adjustment, so hopefully they will not ignore it. :sick:

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  • foss27
8 years 4 months ago #147054 by foss27
Replied by foss27 on topic "Reasonable Adjustments' Equality Act
Hi

What you are asking for sounds reasonable and would probably be ruled as such by a judge.

However, as you obviously know, the DWP are not so reasonable so do what you suggest and if they ignore it maybe take it to your MP and ask for their support in getting it changed.

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8 years 4 months ago #147065 by TheHud
Replied by TheHud on topic "Reasonable Adjustments' Equality Act
I applaud your tenacity to aim to attend the centre, given the circumstances, maybe give them an option to give you a home assessment. If you can, include a statement, signed, from your daughter regarding her timetabling difficulties, separate this from her care statement regarding you. As it is also becoming clear that they ignore any difficulties claimants have, restrictions, medical problems etc until they have carried out the assessment, they probably don't believe anything anyone puts in the form nor any supporting medical evidence. Probably don't even read it, but they have to read enough on the form, so highlighting at the front seems like a plan. Good luck.
The following user(s) said Thank You: mommaduck

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8 years 4 months ago #147073 by mommaduck
Replied by mommaduck on topic "Reasonable Adjustments' Equality Act
Thanks for the replies, I feel a bit more positive now.

Never thought to get my daughter to write her own timetable difficulties. Will do so, at least it will act as evidence if I run into difficulties.

With regard to home assessment: Atos are notorious for refusal, even with GP support.

I don't mind a home assessment, although if not within my daughters timetable, I would then be 'home alone' without a witness.

I will also be stating that my assessor must be same sex, so If I was given an appointment for a home assessment and a man turned up, not sure what I would legally be able to do as I would point blank refuse to let him in if I was alone. Would this count as a refusal?

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  • foss27
8 years 4 months ago #147078 by foss27
Replied by foss27 on topic "Reasonable Adjustments' Equality Act
I think it would count as a refusal if you refused to let a man in.

You would need exceptional reasons to refuse.

You would probably have better grounds for fighting a refusal for a home assessment. If your daughter is not available for the home appointment could you get someone else to be there.

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8 years 2 months ago #152961 by mommaduck
Replied by mommaduck on topic "Reasonable Adjustments' Equality Act
Hi, I am posting this on behalf of my mum, mommaduck to ask for further advice as she is quite poorly at the mo and tagging it on to her previous post. She is staying with me at the moment.

She has just received an appointment for a home assessment with Atos although she has not reqested one. Is this normal?

The issue is that on top of all her existing health issues and disabilities, three weeks ago she suffered a heart attack and underwent emergency surgery and was discharged to my home a week later. I am her younger daughter. My older sister is her main carer but has broken her leg so cannot drive to help mum at the moment. We are in a pickle!

Five days after mum came home, she suffered a second heart attack and after a further week in hospital she is now back with me until she is well enough to cope with help at home. Unfortunately I work full time.

Her appointment with Atos is in a weeks time and after tel dwp they say that mum has to be in her own home for the assessment.

This means that I will have to take mum home that morning and leave her comfortable in her bedroom with drinks and prepared lunch, as I do have to go into work. I will pick her back up after work.

Under normal circumstances my sister would be with her but because of her broken leg, this is not possible so mum will be alone for the assessment although my brother will pop in for an hour during the afternoon which may ir may not coincided with the assessment. It is my understanding that they turn up at any time or even not at all.

Mum doesn't mind that she will be alone, but I am worried that she won't be able to cope with a lengthy assessment and not be able to answer fully or be allowed to. On top of everything else, she does have memory problems and can,t answer quickly. I am worried that she may be intimidated or bullied by an unsympathetic assessor, if you see where I am coming from.

I suppose what I am really asking is, is it to any great disadvantage that she does not have a witness? I have taken the last of my holidays to care for her and I cannot take any more time from work without risking my job.

I appreciate any advice you may be able to give. Thanks, Vix

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