Benefits Law Advice - Case Study Example

Running head: LAW Benefit Law Advice You're This research looks into the various examples of how decisionsare made to decide who gets what types of benefits for DLA, Attendance Allowance, and other forms of services from the government due to their disabilities. This research will try and incorporate relevant cases to give examples of what DLA is and how it is assessed, as well as many other exemplary social issues to give cohesion to this body of literature and to validate the points being made in it. Every individual is evaluated based on their own needs, not simply what disability that they have, as this literature will show. In conclusion the idea will be fully comprehensible as to how certain cases receive what benefits and services as well as why they do. Also included in the conclusion is a finality point emphasizing that social services can have positive impacts or negative impacts on the social lives of those who live with disabilities. Benefit Law Advice Obtaining benefits for DLA or Attendance Allowance can be tricky and confusing for many, especially when it comes to understanding what the different eligibility requirements associated with AA and the possible benefits are. Physical limitations are actually categorized in various ways, which often depend on what the Commissioner confirms as applicable for benefits of AA or not. Obtaining an AA varies from case to case (as was stated) but legislative law in Britain does recognize people as being eligible to receive it if they have a terminal illness, mental handicap, physical limitation, and are otherwise incapacitated due to a terminal prognosis that also included surgical procedures which could lead to limitations in their former routines. However, anyone age 65 or older who has received a prognosis of a terminal illness and only have on average 6 months to live is eligible for AA according to the Benefit's agency (Nosowska 2004, p. 284). Nevertheless, there have been cases where people have actually died while awaiting approval from the Commissioner for AA or DLA assistance (Nosowska 2004, p.286). The case that is being referred to is in regards to 22 elderly women who were diagnosed with terminal cancer. The Commissioner approved them for AA but the wait was so long and the financial burden so heavy that as was stated, a number of them died while waiting for approval to receive the care they needed (Nosowska 2004, p.284). It would seem that the Commissioner could have used a "common sense" perspective to process these 22 women's claims faster, yet did not. Also, one would think that it should have also been obvious that these elderly women were suffering from forms of dementia along with their terminal prognosis which limited their abilities to "function independently". A physical limitation or lack of competence is normally enough for the Commissioner to approve AA, which in these 22 cases it was approved but again the delay in achieving it is what lead to the adversities in health for some of the women (Ariotti 1999, p. 216). When the view switches to individual assessments on personal capabilities in regards to lifting and muscle strength there are also an innumerable amount of variables that are weighed and considered. The Commissioners decision to change the original "lift and carry" assessment has proven to make a great difference when professionals are trying to determine whether an individual has the ability to perform work related duties or not. There have been specific cases in the past that have affected the Commissioner's decision to reform article 8 in the personal capability assessment procedures (Benefits and Work UK 2004). For example, due to a historic case known as "Howker", definite changes were found to be needed because some of the physical assessments in the testing were shown to have placed individuals in far worse conditions than before they were even assessed (Benefits and Work UK 2004). Also, it would appear that the wrong questions were being asked to analyze an individual's ability to lift and carry certain items in work related activities. Therefore the Commissioner has now changed it to examining how well a person can lift and hold the weight of an object to more clearly determine physical ability of individuals. Of course this hones in on a persons manual dexterity and therefore what the points scored show is whether or not they have a physical limitation to be eligible for some form of benefits (Benefits and Work UK 2004). Nevertheless, the Commissioner views the degree of an assumed inability to lift items and then scores the degree of the perceived functional incompetence before approving any disability benefits. Also, the degree of the disability can be affected by a person's age and even the gender also (Rantanen 2003, p.3). By analyzing the amount of strength and initiative it takes on an individual's part to perform normal daily tasks such as sweeping, and lifting items such as a basket or even a jug of milk, the assessor gets a concise idea to what the actual limitations of an individual are. Therefore the risk factors are projected as to what worsens the physical disability of the individual as well. In regards to cases where bias exists among medical practitioners and patients, Young and Chesson's study (2006) define the fact that although some patients have inclusion into many areas of proper medical treatment, as well as access to AA and other benefits through the Commissioner's approval, there is another percentile that is faced with issues of bias from medical and social professional service workers. Therefore this brings a number of concerns for patients that have disabilities. Furthermore it is an area that is considered high risk and therefore must be approached in a very careful and considerate manner by all professionals involved in these cases. Medical practitioners have a duty of care to maintain the rights of the disabled patient just as well as any other patient (Beail & Lindsay 2004, p.229). For example, Young & Chesson (2006) showed that six service users were able to fully exercise their rights in their medical care thoroughly but found it more difficult due to the disabilities that they suffered of manic depression and paranoid psychosis. However this study showed a biased gap in the government policy for those who suffer with more severe disabilities than the two mentioned and prevented many from having total inclusion into the treatment and legal process surrounding their disabilities (Young & Chesson 2006, p. 12). Issues of bias can become apparent even in regular routine care such as evaluations of vision. The attitudes of medical professionals can affect a patient's interpretation of care and form an idea of bias in any form of medical treatment. Unfortunately bias occurs when those with disabilities are facing exclusion from "front-line healthcare decision making", which is quite a dominant problem (Adler et al 2005, p. 105). FILL IN FOR QUESTION OF COMMUNITY AND INSTITUTION.................. Moving to the concept of a breach of human rights by medical professionals or professional service providers towards those with disabilities is a very tricky area to contend with. Moving to the concept of a breach of human rights by medical professionals or professional service providers towards those with disabilities is a very tricky area to contend with. In 1998, when the evolvement of the Human Rights Act took place it presented person's with disabilities a myriad of extra rights and privilege's that they did not have previously. For example, through English Law it is perceived that the main goal of Article 14 itself is to ensure that there is no discrimination on the basis of race, colour, language, religion, sex, political opinion, and national or social origin (Gortazar-Rotaeche 1998). So with this law in effect it provided those with disabilities even better leverage to ensure equality even if they were of other racial background or any other differentiating characteristic as well. Actually it is a provision for the other Articles set forth in the Human Rights legislation, which has been stated to provide further protection for those with possible discriminatory issues, especially disabilities. One example case of discrimination to the right to personal family life would be with Abdulaziz, Cabales v. The United Kingdom which was focused on sexual discrimination in this particular case (Gortazar-Rotaeche 1998). This case involved a problem with immigration but the Courts ruled in the favor of Cabales stating that there indeed had been a breach with Article 14 and other Articles in regards to the family's right to live their life in their own manner and in a private way. Of course this is only way example, as there are many others that could be included to show how often this Article itself is breached. Without the aid of the European Court, this family might have been forced to continue living apart due to the discriminatory issues that they were faced with. This shows how the laws do bring protection to many people who suffer with all forms of inequalities, not simply those with just disabilities. Case Study In the evaluation for the case study for Paul it is found that although medical examiners have cleared him to be able to perform minimal work related interactions his claims are that he is still having severely bad days with his disease of depression. It is not uncommon for patients of severe depression to suffer from repercussions of this disability for an extended period of time. The professional service workers in Europe, and the British Medical Council are well aware of this and it is why it has been included in a group of disabilities that require a long term pattern of mental health care services (Watters 2002). In regards to his Incapacity benefits, legally these could be reduced unless he can provide substantial reasons that can also be validated as to why he can not return back to work on a part-time basis at least. In Paul's case, because his disability has been severe in the past, there are adverse elements that could arise. The European Mental Health Care Policy has statutes that protect those who have suffered with severe bouts of depression and are recovering. There is a high awareness of how depression can cause great economic loss, and be detrimental to the health of an individual. Mental health care professionals in Europe are aware that Paul could fall into a stage of regression or begin suffering from suicidal thoughts, lose his job entirely, and also become symptomatic of adverse physical health problems as well if he is pushed to hard to proceed back to a normalcy in his life (Brown & Vinokur 2004). In that regard, Paul will still continue receiving treatment and still be eligible for a partial amount of benefits as a sort of umbrella type of protection until he can fully recover from his disability. Of course the legislative law surrounding the issue of depression is clearly in favor of those who suffer with this illness. In recent years the problem of depression and the disabilities that it creates in individuals' lives has become clearer to the benefit service organizations and the legislative bodies who design the rules which governs who is entitled to what benefits, etc (Hikie 2004, p.38). In fact in Europe and other parts of the UK there have been major overhauls in the mental health policy, with specific emphasis on the issue of depression and concurrently patients such as Paul who although are recovering still suffer with bouts of severe depression. In parts of the UK, there has been a system designed titled, "Beyond Blue" which was established to bring a larger body of awareness into the concept of depression as a physical handicap. Therefore, although Paul has been stated to be able to return to work, his benefits in actuality and by the force of this protective service should not be cut for at least 90 days after his return to work to allow him ample time to continue improving in his health. This of course is in case there might be a recurrent adverse affect of the remnants of depression he is still dealing with. So if Paul can make these various points clear and concise then his argument will make logical sense since legislation already has certain implementations to help those who are struggling and recovering from severe bouts of depression (Hickie 2004, p.40). Also, it has become an international initiative to ensure that patients who have battled with depression in the past do not suffer from a severe relapse of the illness. This is where certain European Mental Health Acts provide aid for Paul as well. For example the Mental Health Parity Act of 1996 was established to ensure those recovering from severe depression as a form of a disability would have fair health coverage upon their return to employment, as well as other legal reinforcements as well (Wittig 2000). The main goal of this act is to require employers to provide equal lifetime caps of medical, mental, and surgical benefits for all employees on an equal level. This of course would take a due worry off of Paul so that he could be alleviated from at least one burden that could cause him to face adversities. Furthermore, in 1999 another act was passed, known as the Mental Health Equitable Treatment Act of 1999 (Wittig 2000). This Act has put pressure on employers to guarantee there would be full health insurance parity for specific employees who suffered with severe disabilities focused on mental health, such as Paul with his bouts of severe depression (Wittig 2000). The legislation specifically prohibits unequal medical expenses, mental health benefits, inpatient hospital stays, outpatient visits, and out of pocket expenses (Wittig 2000). Therefore, Paul still has good health coverage regardless if he returns back to work or not, he will still be eligible to receive highly assistive benefits to gradually help him to progress in his recovery. The reason for these many new acts is due to the fact that the governmental bodies have realized that there will be much more of a economic loss for those who have to continue leaving work due to their illness than if they were allowed ample time to have a total 100% recovery period. Depression is hard to overcome and therefore legislative bodies have become aware it is a mental impairment than can not be rushed and of which doctors must pay special consideration to their patients needs. Medical Practitioners have become more attuned to their patients' needs who are slowly pulling out of depression and are considered to be in the stages of recovery. Even though Paul's doctor has stated he can return to work this is in no means meant that he can perform the hours he once did nor the routine tasks to which he use to handle without any mental strain. Medical doctors are aware now that the societal factors play an avid role in life stress factors for patients and those like Paul need close scrutiny and supervision to ensure that they will continue recovering without adversity. In this regard, as has been said the laws have been reformed to safeguard the patients and therefore there can be more sensitivity to their actual needs than the legislative laws have. Furthermore, even the case law governing the benefits that those who suffer with depression claim, can't nor would not be totally withheld from Paul simply because he is in a recovery stage. It is clear he still suffers from a number of issues that set his depression into high gear and therefore he still needs the benefits he is entitled to for someone with a mental disability (Royal Australian and New Zealand College of Psychiatrists Clinical Practice Guidelines Team for Depression 2004, p. 389). Ultimately, Paul might even have a chronic condition which could take years to properly place in remission, and in that regard returning to work fulltime could severely affect his ability to be able to function in any sense of normalcy whatsoever. There are a number of people who do suffer with chronic depression so Paul's case could not be considered to be being falsified or exaggerated either since the history of depression within the UK speaks for itself (Shea-Turner & Pridmore 2004). Therefore, there is logic to be found in stating that Paul will be provided ample time to try and regain the normalcy in his life that he was once accustomed too. Simply because the doctor states he can return to work does not necessarily mean he is being released from medical supervision or his disability coverage at this point. There are often different time perceptions that are relative to the recovery period of depression and medical practitioners know this so Paul will be amply taken care of and again given substantial time to return to a normal functioning adult in society. In conclusion this research has defined the various legislative ideals of how depression should be medically treated as well as what should be taken into consideration when attempting to meet patients' needs. The idea of Community Grants and the laws surrounding depression have been shown to be going through a variety of changes, all more towards the concept of benefiting the patient and his or her needs rather than any governmental body. Because depression is such a major concern everywhere in the world the battle to fight it has become international in itself and again, the main point is to put an end to depression and the adversity it poses to those in societies everywhere. 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