Regs 29 and 35

My client, dob 11/06/1973, was in receipt of SDA from 24/08/1994. Conversion to ESA.
After ESA 50 and assessment she scored 12 points and has appealed. Appeal date 04/01/17.
Phyical health conditions - migraine, iron deficiency and aneamia. Not particular severe.
Main condition is learning difficulty.
With regard to specific bodily or mental health disablement, would learning difficulty qualify.
The decision maker should asses risk in the context of work or workplace in which claimant might find herself in.
How detailed should the findings about work claimant can do?
Bearing in mind BMA guidelines is it likely GP would give an opinion?

I haven’t seen the client - appt12/12/16.

Any help would be greatly appreciaited.

I’ve always thought that LD clients would have a tough time of it where reg 29/35 are concerned as there’s no real risk; the level of need is fixed and unlikely to change.

A DM would need to assess the risk that would arise from the type and range of work she might be expected to apply for; I wouldn’t expect a DM to go into too much detail at the early stages; if there’s work she could do without a risk arising then reg29 won’t bite.

We’ve had a few successes with LD clients. What is sometimes a factor is that such clients are fine mentally when within their comfort zones but become extremly anxious and distressed when their routine is disrupted. Obviously it helps if you have evidence/examples of what can happen but it’s certainly worth exploring.

Dan Manville - 05 December 2016 03:31 PM

I’ve always thought that LD clients would have a tough time of it where reg 29/35 are concerned as there’s no real risk; the level of need is fixed and unlikely to change.

.

wouldn’t it in fact depend on the extent of the learning disablity, though, and its causes?  some people may be no danger to anyone, where others would be depending on the exact issues.