ESA and Equality Act 2010

MSCarer wrote: Hi - so my original point that ATOS by restricting their focus to what you CAN DO is ignoring the Equality Act guidelines of what you CANNOT DO and therefore by default is discriminatory? (Subject to you meeting the Equality Act definition of disabled.)

Or am I on the completely wrong track here?

Hi MSC,

What you can and cannot do in this context is nothing to do with whether you are classed as fit for work, LCW, or LCWRA, these assessments are made within the rigid guidelines of The ESA Regs, and the qualifying ESA Descriptors.

As I have said it may be applicable whether or not you are a "Disabled Person" in that The DWP and ATOS then have a duty to make "Reasonable Adjustments" with regards to your limitations, once they are made aware of them, and any such requests for "Reasonable Adjustments" are made formally. This goes for the whole of The ESA process, as I have said previously.

One should remember, that the DWP and ATOS cannot be expected to make "Reasonable Adjustments" unless they have been formally made aware of the need for them.

No two, "Disabled Person's" limitations and resulting need for reasonable adjustments could be assumed to be the same.

If you need in depth information with regards to this, you would have to seek advice from a Solicitor who specialised in this field, although I believe that people can take such action themselves through the County Courts.

bro58

I believe moderators have provided all information they can on this topic. Therefore, I am locking it as it is developing into a discussion, and Benefits and Work no longer have a Discussion Forum due to pressure of work on moderators.