Prove that you're disabled

[GlasweJen]

Posted this in the employment section but I might get more help here.

I've been hit with an order from an employment tribunal to furnish the company and the tribunal with evidence that I am disabled, what can I send?

I have written a letter to my GP asking for a report
I have a copy of my report from the Educational Psychologist at university
I can write to the cardiologist and ask for his input
I get DLA so can I use my award letter as proof?

What else can count?

Also it's obvious that the other side have asked this to be ordered, does this mean their ET3 wont be submitted until I furnish this?

ETA there's a statement on my application form about this, should I point that out to the tribunal as well? since they bloody well know i have NCS it's a bit negligent not to realise that your employee is unconcious.

[Bookworm]

Your DLA should be enough, IMO, but anything on top of that can only help. Do you have a blue badge? Make a copy of that and add that too. The more the merrier.

[GlasweJen]

I don't have a blue badge because I'm not allowed to learn to drive, I do have a letter from the DVLA telling me I'll get a provisional when hell freezes over so I might add that in. The guy on the phone from the employment tribunal has told me to put in as much paper as possible as long as it's relevant because the court will like having the background of the conditions and the work will have to spend ages trawling through it all to find what they need.

[gettingthere]

Originally Posted by Jenschnifer

I don't have a blue badge because I'm not allowed to learn to drive, I do have a letter from the DVLA telling me I'll get a provisional when hell freezes over so I might add that in. The guy on the phone from the employment tribunal has told me to put in as much paper as possible as long as it's relevant because the court will like having the background of the conditions and the work will have to spend ages trawling through it all to find what they need.

You can have a blue badge (if you qualify and if you get DLA it is more than likely that you do - you do not have to be able to drive. What about when you go out in a car with someone else. The blue badge is to allow you to park closer and safer to shops etc. It goes with you and you use it in whatever car you are in.

[GlasweJen]

I only get lower mobility and we've always thought it pointless to ask on the other grounds because when I was at home my sister had arthritis and mum had a blue badge for her and now that I'm at uni no one I live with or near has a car.

[mariejader]

Did you keep copies of the reports that were submitted with your DLA applicaton? you can request a copy of all information submitted if you don't have it.

I am sure that you will find the reports covered in there will be enough to confirm you disability

[Cymraeg]

As you have said , put as much paper as possible.
Your DLA award will be a strong item in your favour as your would have had an independent medical to be awarded that.

Good Luck.

[GlasweJen]

I never needed a medical because the DWP asked my GP and cardiologist to submit reports but after the form was sent in so i don't have copies, also at the time with me having undiagnosed learning difficulties my mum took me and the form to the CAS to have it filled in because it was way beyond me having just turned 16. I don't have the original form either but I do have ones telling me that the amount I'm getting will change. I've got a doctors appointment on Monday so I'll ask then if it's in my file and for a copy of it if it is.

[OrangePrimate]

Hi Jen,

When an ET are asking this question, they need to confirm that you are covered under the DDA. Cases have failed because people think they only need to take along a letter stating a diagnosis or a list of tablets they take ect.

you will need to supply all of that, but can i suggest you also submit a personal statement. you will to lay out what the condition means for you on a day to day basis, how this affects you, is it a minor daily irritant? does it have an extreme effect, stopping you from doing normal day to day things?

Put in it also the treatment you are on, how that helps you, what would be the outcome of NOT taking the tablets ect. do you need to have a regular carer or companion? what does it stop you doing, like driving.

Below is the 'definition of disability' that the tribunal use. they are the only ones with regards to employment/DDA issues that can declare that you are indeed disabled and covered by the act. They have rejected claims in the past from people on DLA, with blue badges (car) the lot!!! just because they had only supplied a 'diagnosis' not the 'effect of the impairment'

If you need any info or examples further on this, i can probably fish out cases for you to take a look at, they are quite interesting!
Good luck!

The Disability Discrimination Act (DDA) defines a disabled person as someone who has a physical or mental impairment that has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities.
The definition

For the purposes of the Act:

• substantial means neither minor nor trivial
• long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
• normal day-to-day activities include everyday things like eating, washing, walking and going shopping
• a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory

Some conditions, such as a tendency to set fires and hay fever, are specifically excluded.
People who have had a disability in the past that meets this definition are also covered by the scope of the Act. There are additional provisions relating to people with progressive conditions.
The DDA 2005 amended the definition of disability. It removed the requirement that a mental illness should be 'clinically well-recognised'.

[GlasweJen]

Thanks Orange, the ET gave me a list of 4 questions to answer:

1. Does the claimant consider herself to be disabled?
2. If yes what is her disability?
3. How does this disability affect her in relation to the following (then there's the list from the DDA)
4. Can the claimant provide medical evidence.

The biggest challenge is number 3, dyslexia is easy as it's always there but NCS is like epilepsy, i'm fine until I have an episode and then i'm useless after it. I know I should probably write about a normal day and a bad day but would it be useful to get someone else to write about this as well like my mum or someone who lives with me?