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Had this debate recently with an OHP who stated that the answer re opinion on whether  migraines = disability or not really depended on how vigorously you felt you could defend your stance at an ET, and that it could easily go either way

Jane Mann <[log in to unmask]> wrote:
Hi
In my opinion if she has had this condition for a significant amount of time (over a year)  then it would be considered a disability under the EA. She would not consider it in this way as she is not 'disabled' per se.  I also believe that even if she did not declare it on her PMQ this should not make any difference to your response to management. She has the condition and even with medication there is a likelihood that she will have further unavoidable absences from time to time and this should be taken into account when managing her sickness absence. Your response of course will depend on what specific questions the referral asks of you?
Regards
Jane

-----Original Message-----
From: [log in to unmask] [mailto:[log in to unmask]] On Behalf Of Subscribe OCC-HEALTH Irene Douse
Sent: 24 September 2015 15:18
To: [log in to unmask]
Subject: [OCC-HEALTH] disability

Help please oh wise ones. I have a lady with Migraines and has had 2 absences  since April this year. She did not declare this as a disability and indeed  I don't feel that it is but is now suggesting it might be and should be taken into account with her absences,. She did declare Migraine and "manageable with medication". Your comments would be appreciated.

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