I have an IB appeal tomorrow. Amongst other issues, client has obstructive sleep apnoea. Can I get this into the "loss or altered consciousness" argument ? Any thoughts ?

It sounds like a good idea and worth a try. If your client falls asleep then the effect could certainly be described as lost or altered consciousness, and since the test is supposed to be around ability to work then this would without doubt be a problem in a work setting. Have you got a copy of Bonner? Mine is a 2005 version and the relevant pages are nos 792 to 796.

Stretching things a bit further, how about arguing that reg 27 would apply, and that forcing your client into a work environment when he is likely to fall asleep at any time several times a day amounts to putting him (and his colleagues) at risk?

This might be too late but there's a commissioner walker case csib/44/97 that looks at sleep as lost/altered consciousness.

Thanks for the help here guys. As it turned out I walked into tribunal room and decision was on the table...Appeal Allowed...didnt have to say a word. Panel must have had the friday afternoon feeling. Gave client it on mental health points. He does have depression but I was worried it was insufficient to win on that alone. Result without trauma for the client. Happy all round !