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ESA, relapsing alcoholism
Upcoming ESA hearing, IB conversion, for claimant with frequent binge drinking and hospitalisation.
The last PCA in 2009 referred to internal bleeding due to binge drinking. I understand there have been several subsequent admissions.
Shortly after being found fit for work early last year he signed on, and was soon hospitalised due to his drinking. 3 months after the ESA decsion, the GP has written that the claimant is a chronic alcoholic with frequent relapses (without specifying a date range for that diagnosis).
The DWP submit that “there was no diagnosis of Alcoholism at the time of the decision”, it wasn’t picked up by ATOS, therefore it’s a new condition which can’t be taken into account.
I wish to argue that although he may have been dry around the time of the assessment, his alcoholism was an existing condition that should have been taken into account, eg for reg 29.
Is there any particular caselaw, or argument, that I need to be aware of? Is it going to come down to establishing the risk or the frequency of relapses?
edit: and if I assert that “later evidence can cast light on the claimant’s condition at the time of the assessment, even if it wasn’t apparent at the time of the assessment”, do I need to back that up with a cite?
[ Edited: 13 Jan 2014 at 04:47 pm by Jon (CANY) ]