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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA and vertigo

DWRS
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Durham County Council Welfare Rights

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Total Posts: 73

Joined: 21 June 2010

Hi all, have a client who has scored 0 on WCA, main gist of his issues are that he has COPD (but client says he can walk at least 200m before stopping), Tinnitus , double vision (no specialist input but has prisms in glasses) and vertigo and suffers falls frequently so needs someone with him to keep an eye on him. im wondering whether anyone has been successful with any arguments around vertigo especially around altered consciousness? its a reach but im struggling….........

cheers

Natalie

Dan_Manville
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Mental health & welfare rights service - Wolverhampton City Council

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Joined: 15 October 2012

Hi

Back in the dim and distant I managed to convince a Tribunal that someone experiencing a vertigo attack had severely disrupted concentration; a significant vertigo experience will seriously knock your a person’s concentration…

“severely disrupted awareness or concentration” is what you’re looking for.

DWRS
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Durham County Council Welfare Rights

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Joined: 21 June 2010

thanks Dan!

1964
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Deputy Manager, Reading Community Welfare Rights Unit

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Joined: 16 June 2010

Could also be a Reg 29/35 argument too of course, in view of the frequency of the falls.