Tweet
Today has been one of joy for many of us including me in our fight for fair and just recognition in our claims to employment support allowance on mental health grounds.
It has been proved to be discriminatory and an abuse of our rights under human rights and the UNCRPD via a Judicial Review at the High Court Upper Tribunal
This case was brought by two disability claimants with the backing of Rethink and the Mental Health Resistance Network (MHRN) On the grounds that the DWP must proactively seek out and obtain medical evidence themselves and not leave it to those with mental health conditions to collate.
This has a direct impact on me and to explain this under my terms may help you to understand this better.
As many of you already know I had an SAH Stroke and thus needed a deep invasive craniotomy to clip the bleed I had suffered due to being born with a weak middle cerebral artery.
Now this long operation needed manual intervention and as a result caused blood starvation and thus oxygen loss now I in now way blame the NHS here because had I not had this operation I would not be here now typing to you all.
As a result I have damage to my frontal and temporal lobes and this impacts much with executive dysfunction tasks which are best explained here:
Headway - Executive dysfunction after brain injury
As you can see from this link I have memory and motivation issues which greatly impact on my life because many though no fault of their own put it down to laziness which it is not and thus is very hard to deal with and why my claim to benefits as well as losing much of my entitlement over the years has impacted on me and why things such as a 30 day time limit to return forms is no good to me as my brain does not recognize the importance.
So for many of us this Judgement is a right and just one, the actual judgement I have been told will be available within the next 48 hours which of course I will upload it here soon as I get my hands on it as it will be my basis to fight on.
I have heard that the DWP will appeal against this judgement that is their right of course however is it right to waste yet more taxpayers cash in fighting this? I think not and the Government should now suck it and amend the WCA so it is fair to all.
Finally legal proof that WCA disability benefits test is unfair for people with mental illness - Unfair WCA - Rethink Mental Illness, the mental health charity
It has been proved to be discriminatory and an abuse of our rights under human rights and the UNCRPD via a Judicial Review at the High Court Upper Tribunal
This case was brought by two disability claimants with the backing of Rethink and the Mental Health Resistance Network (MHRN) On the grounds that the DWP must proactively seek out and obtain medical evidence themselves and not leave it to those with mental health conditions to collate.
This has a direct impact on me and to explain this under my terms may help you to understand this better.
As many of you already know I had an SAH Stroke and thus needed a deep invasive craniotomy to clip the bleed I had suffered due to being born with a weak middle cerebral artery.
Now this long operation needed manual intervention and as a result caused blood starvation and thus oxygen loss now I in now way blame the NHS here because had I not had this operation I would not be here now typing to you all.
As a result I have damage to my frontal and temporal lobes and this impacts much with executive dysfunction tasks which are best explained here:
Headway - Executive dysfunction after brain injury
As you can see from this link I have memory and motivation issues which greatly impact on my life because many though no fault of their own put it down to laziness which it is not and thus is very hard to deal with and why my claim to benefits as well as losing much of my entitlement over the years has impacted on me and why things such as a 30 day time limit to return forms is no good to me as my brain does not recognize the importance.
So for many of us this Judgement is a right and just one, the actual judgement I have been told will be available within the next 48 hours which of course I will upload it here soon as I get my hands on it as it will be my basis to fight on.
I have heard that the DWP will appeal against this judgement that is their right of course however is it right to waste yet more taxpayers cash in fighting this? I think not and the Government should now suck it and amend the WCA so it is fair to all.
Finally legal proof that WCA disability benefits test is unfair for people with mental illness - Unfair WCA - Rethink Mental Illness, the mental health charity
Comment