The Issue
Client suffers from a brain injury which affects her processing, communication and filing of knowledge and information, in addition, written communication is virtually impossible for her. She was informed that she had to complete a form giving information about her disability to the benefits office as she was being switched to ESA (Employment and Support Allowance). If she did not complete the forms by a particular date her benefit would be stopped.
The client was advised that her acquired brain injury is likely to be seen as a disability under the Equality Act 2010.
The client was informed that the benefits office is likely to have a duty under the Act to remove any substantial disadvantage she might face in trying to access their services, potentially by allowing her to present her information, or complain, in a way that is accessible to her.
EASS Advice and Support:
The EASS wrote to the benefits agency on the clients’ behalf explaining their duty to make reasonable adjustments and asked for the clients’ benefits to be continued uninterrupted until a final decision has been reached.
In response to the letter written by the EASS, the benefits agency responded and stated that the client’s case had been reassessed and they had found in her favour, therefore, she would not be required to complete the form and her benefits would not be stopped.