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Is sleep Apnoea a disability?
RSISolutions
Member Posts: 113 Courageous
Is sleep Apnoea a disability if it is so bad the person who has it has to use a machine to sleep?
If it is classified as disability then how would this affect the person in terms of benefits?
If it is classified as disability then how would this affect the person in terms of benefits?
Replies
As for benefits there's PIP based on how you condition affects your care needs and or mobility issues, also ESA which is based on your ability to work or not to work. Many conditions have their own charity that can often help with benefits.
During the day this person who has sleep Apnoea
- feels very tired
- finds it hard to concentrate
- has mood swings
- has a headache when they wake up.
Since the have paid plenty of NI contributions, surley this must make them qualify for new Style ESA?I think my question is more directed towards the fact that because they feel very tired during the day, find it hard to concentrate, have mood swinds, have a headache when they wake up - does this qualify as a disability? They are unable to function properly during the day. Does anyone one here have experience of claiming a disability benefit with Apnoea?
Before rining the DWP to see if they qualify I want to check out a few things on here and other forums. My my previous experience showed me that of doing a bit or research first and then claiming ESA was a good approach. My claim was succesfull.
I am looking for people with lived experience of claiming a disability benefit with this condition or a trained Scope benefit advisor who can help.
The call to DWP will only be required to see if the qualify for another disability benefit.
Yes, this is someone I know.
'If you are ill or have a health condition or disability that limits your ability to work you may be able to get New Style Employment and Support Allowance (ESA).'
Scopes own definition on their website says 'ESA is a benefit for people whose ability to work is limited by disability or poor health.' https://www.scope.org.uk/advice-and-support/employment-and-support-allowance/
So I dont understand why you say PIP is the only disability benefit. it looks from both thesedescriptions, ESA is for people with disabilities.
I have always understood that calling the DWP for help over the phone or even in person is not the best approach for asking for help. This is why I use these forums, get legal advice and contact my local disability charity.
Does anyone else have any comments?
From experience I can say that benefits can be a confusing subject, it can be difficult to know what you're entitled to because there's so many things that can factor into it, like employment status, living situation, finances and what particular impairment you have.
I think a good place to start is a benefits checker, that will help work out entitlement based on your situation. And then the relevant descriptors for each benefit will help further.
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I would maybe get advice from CAB or Welfare rights if you think this is required and also doing the benefits checker will confirm the advice already given
I hope you manage to get the required information for your friend
Many people with disabilities, or impairments, dont think of them as disabled because they dont know about the 2010 Equality Act and the thought of themselves being disabled is a new thing to them. It takes time to get your head around it. Also we all know that getting advice from the unemployment office about what they are entitiled to is, in most cases, a waste of time. But I think it is a disability judging by what he says has been going on in his life. It is just as the NHS website says.
There is nothing 'red flag' about this post. Just because I am describing his symptoms word perfect from NHS website. I came to this website for support, not for critisim.
I think the reply from @woodbine which states 'Any condition that prevents you from leading a "full and normal" life is a disability' is a good one. My friend is definatley not leading a full and normal life.
he has lost his job because of this condition and now is expected to spend 35 hours per week looking for work on UC. This cannot be right. He should have had reasonable adjustments at work. Flexible woring times, working from home, disability confidence training for his manager and colleagues in order to avoid reasonable adjustment envy etc. But he didnt know he was able to ask for reasonable adjustments. He didnt think of himself as disabled. He was too tired and stressed to find out.
I would like to have the advice of the Scope advisors if it's possible please.
For New Style ESA (and indeed legacy versions of ESA and LCW/LCWRA on Universal Credit) it's important not to be too focused on whether something is classed as a disability or not. ESA isn't awarded on whether you are disabled, but whether you meet a certain set of criteria, in the same way the PIP is (although they have different criteria.)
Have you read through the criteria at all? To be placed into a group on ESA they have to score at least 15 points from these descriptors here: WRAG descriptors and to be placed into the support group they'll also need to meet one of these: Support group descriptors
I don't know how much your friend's sleep apnoea impacts them day-to-day but if you read through these it'll help you and your friend better understand the likelihood of being awarded ESA. If there's any of the descriptors you're unsure of please let us know and we can try and explain it a little better for you.
Has your friend discussed their work search commitments with UC and have they reported their condition under the health section?
UC are supposed to take into account a person's situation when setting commitments and if 35 hours a week is unreasonable they could ask them to be looked at. If their condition is impacting them to the extent that they're struggling with the work search, a fit note from their GP either signing them off of work or suggesting adjustments may help with this, but they really need to have that conversation with their work coach.
Scope
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I understand the descriptors. I am claiming ESA myself.
I understand UC and ESA dont use the Equality Act's definition of disability but a set of criteria.
Regarding the descriptors, as an example. the manual dexterity issue asks if you can press a keyboard key or mouse click. One might answer yes if you can do this once. But isnt the question actually asking - can you do this reliably, repeatedly, within a reasonable amount of time, without causing intolerable pain, without making your condition worse? So on having this extra information about the question, one might now answer no.
Actually is there not another way of getting ESA? Regulation 29 of the ESA Regulations 2008. If you have some points, but not enough, if you were found capable of work, this would result in a substantial risk to your health. ESA would then be awarded. Is this still true?
Moving forwards into employment. I am guessing that my friend could ask for reasonable adjustments. Examples could be working less hours, working flexible hours, disability confidence training for him, his manager and his immediate colleagues in order to avoid any reasonable adjustment envy, any meeting that requires his prescence should be organised in the afternoon, working from home etc. Can't think of any more at the minute. Would these be reasonable?
Regarding working there’s absolutely no reason at all why anyone can’t ask for reasonable adjustments to be made.