work 9 years 8 months ago #28260
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I know you dont answer individual questions but maybe a member could shed some light?
In a weeks time its my birthday, on this day, in a cruel twist of fate, I have to hand back my Motability car, my blue badge expires and my dla stops. (After 10 years.)
My condition hasn’t changed It’s still degenerative and incurable. I have asked for reconsideration.
I have a condition which affects my ability to do my job.
My disorder impacts on day to day activities as legally defined under the Disability Discrimination Act.
Therefore within the scope of the act I started back to work in 2006 as a Workstep Program Participant (DWP funded) which is managed by Employment and Disability Service (EADS) on behalf of Job Centre Plus.
I am visited at work every three months by an Employment Development Officer who assesses my ability and interviews my manager. Access to Work, (DWP) together with my employer has, after medical assessment, provided reasonable adjustments and adaptations. These are regularly reviewed.
My ‘disability’ gives me exemptions at work that enables my job retention.
The Disability Living Allowance provided independence, with the car a vital tool in my ability to get to work.
The blue badge gave me a wide enough parking space right outside my work place to be able to get in and out of my car. (I need the door open wide as my leg doesn’t bend)
I have little up to date medical information in relation to my illness and ability(apart from a pending op) so i mainly used work assessments as evidence, but was told they wouldnt be relevant.
Why is it with the level of investment, monitoring, assessment and support I receive at work, mainly funded by the DWP, reports of assessment and confirmation of my ability from these departments are not considered in my claim TO the DWP?
Re: work 9 years 8 months ago #28264
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Hi Martha, I think you really need face to face advice here urgently, If possible with A Welfare Rights Officer. I do know that people can be protected under the DDA, However you dont have to be in receipt of a DLA award. It is compliacted so please get advice you could also contact your MPs office, in the present climate we get called for not working then penalised for working. Can i just ask what is the nature of your employment ie; Is it semi-sedentary light work? Best Wishes
Re:work 9 years 8 months ago #28273
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Firstly as Jeff above says, please do get some face to face welfare rights advice, from CAB/CLS etc. Also are you a member of a union at work?
Secondly have you appealed the decision to stop your DLA?
In normal cuircumstances, if an appeal has been lodged in response to losing an HRM award, Motability usually do let you keep the car for a few months pending the appeal.
Also do not forget you can apply for a Blue Badge under the 'Assessed Criteria' if you do not qualify under the HRMCDLA/ WPMS/Registered Blind 'automatic criteria'.
Last edit: by pete17971. Reason: spelling
Re:work 9 years 8 months ago #28320
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Hi Jeff1 , hi Pete
Thanks for your replies.
Jeff –” – there isn’t a problem with my work, just my claim for dla. The fact I use the car to get to work. I don’t think I can be ‘protected’ from the DWP under DDA law?
My employers are very supportive. My job is sedatory - I am a qualified health professional – that tells others what to do. I don’t have to do the work myself anymore just write a lot of reports etc…
I am in a union but again they don’t have any influence with the DWP or want to get involved with my benefit claim. They would help me if I need to park my car in the disabled bay for a while without a blue badge.
CAB are helping me prepare my appeal if my reconsideration fails, I have had a home visit by ATOS and wait for their decision before submitting my next plea.
It was CAB (ex DWP employee) who told me not to submit work assessments, as in her opinion, not mine, she said they will view the fact I can work as fitness, and disregard my claim, even though the assessments are, in my opinion, very good in the fact they clearly state what poor mobility I have and have assessed what I can / cant do, all be it at work.
Pete – I have got a blue badge form from the council and will fill it in asap. My gp said he will support it. Hurrah.
I rang Motability who indeed did say I can keep the car until my appeal is heard.
They also extended the period of time for when I could purchase it, if I need to get a loan. So am really pleased about that thank you.