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BRENT CROSS GARDENS LEGAL CENTRE
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We will give you a free legal advice on your disability Rights.Our practice covers all areas of Disability Law. We have appealed some of the harshest decisions on Disability Living allowance and we believe it is an area we will continue to provide assistance in long-term as many of clients require this. If you have some king of disability seeking welfare benefits advice then we suggest you contact our specialist today for a free legal advice.Our success in the past few years has been phenomenal and we can assure you that your case will be given the time and importance it requires. We will look at the Equality Act 2010 in this article.

The definition of disability under the Equality Act 2010 is described as, you are considered disabled under the Equality Act 2010 if you have a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities..

What does substantial and long-term mean

Substantial and long-term is more than minor or trivial e.g. it takes much longer than it would to complete a daily task like getting dressed.

Long-term means 12 months or more e.g. breathing conditions that develop as a result of lung infection.

Progressive conditions
A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled. However you automatically meet the disability definition under the Equality Act 2010 from the day you are diagnosed with HIV infection, cancer or multiple schilorosis. The act looks at a persons impairment and whether it substantially and adversely affects the persons ability to carry out normal day to day activities..

Day-to-day activities are things people do on a regular basis include shopping, reading, writing having conversations or using the telephone, watching TV, getting washed, dressed, preparing and eating food. An example is below;

A person works in a small retail store. His duties include maintaining stock in a stock room, dealing with customers and suppliers in person and by telephone and closing the store at the end of the day. Each of this regarded as normal day to day activities which could adversely be affected by impairment.

Adverse effects on the ability to carry out activities
Physical impairments can result in mental affects and mental impairments can have physical manifestations. A person with a physical impairment may because of pain or fatigue experience difficulties in carrying out normal activities that involve mental processes. Example;

A journalist has recurrent severe migranes which cause significant pain owing to the pain she has difficulty maintaining concentration on writing articles and meeting deadlines.

A person with a mental impairment or learning disability may experience difficulty in carrying out normal day to day activities that involve physical activity e.g;

A young man with severe anxiety and symptoms of agoraphobia is unable to go out more than a few times a month. This is because he fears being outside in open spaces and gets panic attacks which mean that he cannot remain in places like theaters and restaurants once they become crowded. This has a substantial affect on his ability to carry out normal day to day activities such as social activities.

We hope this article gives you further information and examples as to what is covered by the Equality Act 2010. Please call us now if your benefit has been refused and you wish to make an appeal on 0208 575 0061.We will give you an initial free legal advice.
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