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No DLA due to skunk use

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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I have been handed a case where the client is a recovering alcoholic (1 year sober) with depression, anxiety and mild agoraphobia - GP confirmed this and also that he lacks motivation, difficulty engaging with other people - Cl also smokes skunk since age 13 has reduced consumption with the help of turning point to evenings only.

He was refused DLA at Tribunal and having read the statement of reasons they have applied R(DLA) 6/06 re; transient effects of alcohol and determined that there was no ‘compelling evidence’ that he was addicted to skunk and therefore he can reasonably be expected to avoid the need for attention or supervision by controlling his consumption of it.

Cl also took a mental health advocate who advises he was seated at the back of the room and not enabled to give evidence/support his client.

It seems that the Tribunal have focussed on his skunk use whilst dismissing the mental ill health issues.
Does anyone have any ideas for arguing error in law?
Chaos

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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The evidence of depression was via a letter from GP copy attached.

I am thinking there are a few areas of issue;
- how did Tribunal determine he was not addicted?  (especially as he is being seen by the Turning Point team)
- how did the Tribunal determine the effects of skunk are ‘transient’ ?  (especially considering his use for 22 years - during the time his brain was developing - and there is national evidence that the neurotransmitters of the brain are effected due to the THC sitting in cells)
- the tribunal’s WSOR states ‘Findings of Fact - the appellant: suffered from depression’
- there is no evidence the Tribunal determined which problems arose from the skunk use and which arose through mental health issues.

All the above are IMO can be attributed to insufficient fndings of fact. The fact that his advocate was not included in the process could arguably have led to unfairness.

Chaos

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Steve_h
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What type of metal health advocate did he take with him? eg IMCA, IMHA etc.
Is your client involved with secondary mental health services?

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Client is involved with CMHT, Turning Point (drug/alcohol), GP and his advocate was from MIND.

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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Hi Dan

Thanks for your post, I was looking forward to a challenge (made a change from the usual arguments) however the client has decided it’s not worth it - I blame lacking motivation! - so my research re; additction and skunk use, DLA etc etc have amounted to nothing. I suppose at least I have learnt to avoid skunk :-)

Chaos