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Top Incapacity related benefits topic #2927

Subject: "IB and drug abuse" First topic | Last topic
JimC
                              

Casework Supervisor, Mendip CAB
Member since
06th Oct 2005

IB and drug abuse
Mon 02-Jun-08 02:50 PM

Heroin addiction - is it a 'specific disease or bodily/mental disablement' under SSCBA s171?
regs book is inconclusive
any caselaw?

also - will client get caught out by IW reg 18 - because it is a self inflicted illness

medical examiner awarded 10pts for physical test because cleint is 'tired' because of drug use.
I want to argue for 15pts physical for tiredness, but I think the tribunal may take away what he's already been given

a mental health argument isn't very strong in this case unfortunately

help appreciated
Jim

  

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Replies to this topic
RE: IB and drug abuse, Ruth_T, 02nd Jun 2008, #1
RE: IB and drug abuse, ariadne2, 02nd Jun 2008, #2
      RE: IB and drug abuse, paul__moorhouse, 03rd Jun 2008, #3
           RE: IB and drug abuse, JimC, 03rd Jul 2008, #4
                RE: IB and drug abuse, nevip, 03rd Jul 2008, #5
                     RE: IB and drug abuse, JimC, 11th Aug 2008, #6
                          RE: IB and drug abuse, sara lewis, 09th Sep 2008, #7

Ruth_T
                              

Volunteer adviser, Corby Welfare Rights Advice Bureau
Member since
03rd May 2005

RE: IB and drug abuse
Mon 02-Jun-08 06:43 PM

Heroin addiction falls within the definition of specific disease or bodiliy or mental disablement. The World Health Organisation International Classification of Diseases (ICD-10) places Mental and Behavioural Disorders due to the use of opiods in Class F11. For more detail see http://www.who.int/classifications/apps/icd/icd10online/ and search on "addiction".

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: IB and drug abuse
Mon 02-Jun-08 07:55 PM

How mentally robust is your client? Is he prone to relapsing and/or getting worse under stress? Is he being actively treated for his problem?
You might be able to persuade a Tribunal that he comes under the pre-Howker version of Reg 27 if being found capable of work and thus having to look for work would place him at serious risk.
Doe he acknowledge that he has a problem?

  

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paul__moorhouse
                              

welfare rights trainer and writer, freelance Bristol
Member since
14th Feb 2008

RE: IB and drug abuse
Tue 03-Jun-08 10:30 AM

Tue 03-Jun-08 10:32 AM by paul__moorhouse

Are you sure you can't identify 6 point under the mental health descriptors, all you'd need for a combined award?

I'd have thought you stood a good chance with the following:

Mental prevents him from undertaking leisure activities previously enjoyed (1)

Need alcohol before midday (2) I'm sure that there's a Commissioner's decision which confirms that this applies to other substance dependencies but can't locate it, I've certainly had Tribunals award this for methadone and heroin in the absence of alcohol abuse.

Sleep problems interefere with day time activities (1)

Mental Stress was a factor in giving up work (2)

Unable to cope with changes in daily routine (1)

Scared or anxious that work would bring back or worsen illness (1)

Plus probably any of the concentration/anger management ones. Just establish what mental state he's in when he needs a fix and can't get one and it ought to be a 'shoe in'.

  

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JimC
                              

Casework Supervisor, Mendip CAB
Member since
06th Oct 2005

RE: IB and drug abuse
Thu 03-Jul-08 11:39 AM

thanks for all your replys

at the last medical in 2004 he was found exempt under reg 10, for severe mental illness
examiner comments on evidence of drug use pin point pupils etc

can anyone suggest anywhere where the exmainer may have obtained a defination of severe mental illness that mentions drug use?

thanks

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: IB and drug abuse
Thu 03-Jul-08 12:23 PM

Have a look at the Disability Handbook on the DWP website which EMP’s use. The mental health conditions are, as has long been the case, broadly separated into three broad classifications: the psychoses, the neuroses and the dementias. Interestingly enough alcohol and drug dependency are classified under the dementias.

It is not a matter of broad disagreement anymore among the medical profession that alcohol/drug dependence and mental health problems are often so interwoven in an individual case that it is almost impossible to determine which is a product of the other.

It is widely accepted that among alcoholics there is a strong predisposition to addictive type behaviour, which may derive from very early childhood experience or, in the eyes of some, might even have a genetic component.

Modern approaches to addictive behaviours and mental illness have attempted to move away from an over concentration on labels and classifications and looking more at patterns of behaviour and addressing these in a clinical setting. Thus the individual may display symptoms of depression, mania, paranoia, delusions, anxiety states, aggression, suicidal ideation, obsessiveness, etc.

Thus clusters of symptoms/behaviours may lead the clinician to conclude that an individual is suffering a severe mental illness and it matters not, in the wider sense, whether that predates, is co-extensive with or is a product of the onset of the chemical dependence itself.


  

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JimC
                              

Casework Supervisor, Mendip CAB
Member since
06th Oct 2005

RE: IB and drug abuse
Mon 11-Aug-08 12:38 PM

Hi

anyone know which commissioners decision says that a drug fix before midday can be substituted for alcohol?, in descriptor DLb, ( activity 16(b))
thanks
Jim

  

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sara lewis
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
28th Jan 2004

RE: IB and drug abuse
Tue 09-Sep-08 01:32 PM

I have an appeal on Thursday for someone with a drug addiction, and I too am wondering if descriptor DLb is applicable. Is there anyone who can point me to the commissioners decision refered to in this thread?

Cheers

Sara

  

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