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No DLA due to skunk use
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