Client is a alcoholic failed his PCA scoring 6pts for mental health, working from the EMP report I can score a potential further 8pts on the mental descriptors, and also argue Reg 27 .
The question is has anyone considered or argued the following point.
When the client drinks to much he becomes at times very incapable physically, not daily but reasonably regular, so I feel the sometimes descriptors from 'bending and kneeling' along with the sometimes descriptor from' rising from sitting 'should apply.
The reasoning being he cannot stop himself drinking and sometimes it has a physically disabling affect on him, it would score 6pts physically and therefore satisfying test with a combined physical and mental health score .

I would be greatful for any feed back positive or negative on this arguement , and if anyone knows any caselaw please let me know.
Thankyou in anticipatation

I can't see a problem with the argument provided you can show that reg 25(3)(a) of the IFW (Gen) Regs are satisfied, ie that the inability to perform the tasks is due to "a specific bodily disease or disablement".

Is alcoholism itself a specific bodily disease or disablement? I'm not sure, there must be a physical component to the dependance but I don't think that the 'transitory effects' of intoxication would count as a disease or disablement.

David

Fri 25-Jul-08 01:46 PM by Dan_manville

I'd be looking at reported DLA decisions in 2007 where there's that decision that, as alcoholism is accepted as a disablement by WHO it's transient effects can be taken into account for DLA.

Thanks for that but ,do you know the decision number, or whether it was a ICB or DLA decision.

I think its R(DLA) 6/06

... summary of and link to R(DLA) 6/06 available in rightsnet briefcase

Having had the chance to have another think, I realise I was talking rubbish (not for the first time today) in my earlier post.

I now agree with Dan that R(DLA) 6/06 means that the effects can be taken into account if the alcohol dependence can be found to be a bodily disease or disablement.

David

Thanks for that everyone I am doing Submission next week, and that is very useful.