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How do I know if my disability is covered by the DDA?

The Disability Discrimination Act (DDA) says you have to show that you have a physical or mental impairment, which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities. We examine each of these issues in turn:

  • Impairment. Individual physical impairments are not listed in the DDA itself, nor in the Code of Practice. Recent court cases are building a body of law on the meaning of impairment. They have applied the DDA to: back disorders, depression, asthma and ME (chronic fatigue syndrome). 'Mental impairment' also includes learning difficulties.
  • Long-term means the disability must have lasted, or can be expected to last, at least 12 months or, indeed, for the rest of your life.
    • People with a fluctuating condition that is likely to recur within 12 months are covered.
    • People with progressive conditions, such as cancer, multiple sclerosis or HIV, are included from their diagnosis.
  • Normal day-to-day activities include:
    • Mobility.
    • Manual dexterity.
    • Continence.
    • Ability to lift, move or carry everyday objects.
    • Speech.
    • Hearing.
    • Sight.
    • Memory.
    • The ability to learn, understand or concentrate.
    • The perception of risk or physical danger.

People who have had a disability within the definition continue to be protected by the DDA even if they have since recovered.