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ESA and Insomnia
Hi,
Does anyone know of any case law to support a client claiming ESA due to Insomnia?
My client has other health problems, but not sufficient for 15 points. He has severe insomnia so I was thinking about Regulation 29?
Any case law or suggestions would be appreciated!!
Hi doesnt actually sleep during the day at all, he stays awake all day and most of the night, getting around 2 hours of sleep per night on a good night.
I don’t think there’s going to be anything to argue on LOC, but thanks anyway.
I think it has to be Reg 29. Easy enough to argue in relation to any job involving machinary or manual labour though possibly more difficult for a ‘safe’ desk job- but even then someone only averaging 2 hours sleep per day could be putting himself and others at substantial risk.
I suppose the alternative argument is that firstly, due to exhaustion he would potentially score on mobilising & sitting/standing (due to the need to avoid exhaustion) and surely some of the mental health descriptors would apply (awareness of hazards, initiating & completing personal action, for instance).