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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

non-compliance with medication causing epilepsy to be poorly controlled

nottsadvisor
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Welfare rights - Nottingham City Council

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Total Posts: 129

Joined: 29 June 2010

My client is diagnosed with epilepsy which medical evidence suggests should be well or even completely controlled, but it isn’t, as he often forgets his medication due to memory and concentration problems caused by depression.  As a result he fits regularly - sometimes several times a week.

Can I argue consciousness?  Obviously he does have a specific bodily disease, the epilepsy, leading to the fits, but just couldn’t make up my mind about this with it mainly being down to non-compliance with his meds.

(I will be arguing some MH descriptors, and reg 29 on the basis that it would be risky to find him fit for work due to the seizures/the fact that he is apparently unable to be compliant with his meds, evidence probably does not support reg 35 as his GP seems to think he needs a more structured routine).

Sally63
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Generalist Adviser, Southwark Citizens Advice Bureau

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Total Posts: 177

Joined: 21 January 2016

Needs prompting? you don’t have to actually have the help to justify the descriptor