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Top Incapacity related benefits topic #4829

Subject: "Client with little insight to health problems" First topic | Last topic
Herbert
                              

Welfare Rights Coordinator, Broadway London
Member since
26th Jan 2007

Client with little insight to health problems
Thu 04-Feb-10 01:51 PM

Would appreciate some advice on this.
I have a client who scored 0 points in his PCA. When I met him it was clear that he was suffering from some type of drepressive illness, However, when I went through the descriptors he felt that none of them really applied and that he couldn't really explain what was wrong with him apart from drinking too much. I have since had a letter from his G.P. that states "I feel he is suffering with depression on top of alcohol dependence....I feel at the moment that the depressive illness and his alcohol problem is preventing him from functioning at a normal level".

Normally when I write a submission I list the descriptors that my client and I think they meet, which in this case I can't do because he feels he doesn't meet them.
Has anyone presented a submission that just argues that they are not fit for work in general? My concern is that if the tribunal run through the descriptors he will just say he manage the tasks?
Thanks.

  

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Derbyshire
                              

Welfare Rights Officer, Derbyshire County Council Welfare Rights Service
Member since
25th May 2005

RE: Client with little insight to health problems
Thu 04-Feb-10 04:00 PM

Hello

I don't know whether you will find this helpful but in my submissions I usually ask the tribunal to consider reg 27 if they don't feel able to scrape the points together. viz. finding him fit for work will worsen his illness. His GP sounds very helpful so evidence from him/her would be a great boon.

In any case, the tribunal will probably have enough gumption to read between the lines. Why not send them a submission explaining that you don't expect your client to agree with you but listing the descriptors that you think are points scorers? They will almost certainly have come across such a problem before.

  

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