ESA - Point A9 & A10 Disability Discriminations Act - HELP please

Everyday living
1

Hi To you all.

I have just joined this forum and it seems like their is a good community of support on here.

I have had MS for 20+ years. I have Opticial problems, severe chronic head pain, muscular and fatigue issues and the other stuff which we mostly know about frustration, depression etc…

My question is :-

I have my new lovely ESA50 form ( sarcastic ) and I am scared to death by it. I have read many pages of people being completely ignored and treated with utter contempt with regards the assessment of our problems.

Has anyone successfully challenged ATOS, Government, MP over the fact that article A9 & A10 of the DISABILITY DISCRIMINATION ACT 2005 clearly state ( as far as I can see ) that anyone diagnosed with MS, HIV, Cancer should not de challenged as to their ability to work and remain benefits for an unlimited time or until the person deemed themselves fit enough to be able to work?

I have seen this act mentioned on a few forums but I can find no positive results to prove this law his and has been taken seriously. My form is due to go back a 2 weeks and I would like to know if anyone has proven themselves exempt by law by quoting the above?

Kind regards from a stressed out me.

2

I may be wrong on this but I think the DDA has been overridden in law by the Equalities Act.

As you say; in the DDA it does refer to anyone diagnosed with MS to be regarded as disabled in the eyes of the Law. In the EA however MS along with the 4 other chronic complaints are not made distinct diseases but it says instead the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.

The thing I’m not clued up on is does the EA nullify and other legislation/Act made before? See http://www.equalityhumanrights.com/legal-and-policy/

Couldn’t agree more about ATOS; they really could not care atos. Take heart though I believe that almost 50% of people successfully tackle the ATOS decision.

George