ESA substantial risk…

I have a client failed LCW.

Client has Trigeminal Neuralgia this is a nerve disorder that causes a stabbing or electric-shock-like pain in parts of the face/head. Clent has attacks daily and can be as frequent as 4-5 times in a day and can last 15-20 minutes before the symptoms subside.

Stress (work) increases her attacks and she finds it very hard to manage her 12hrs permitted work however feels it important to make an effort. Client is prescribed Carbamazepine but this causes side effects; very drowsy, achy eyes, vision can become blurry so she does not take these until after she returns from work, this means that she suffers intense attacks at work. Occupational Health has been involved due to multiple days off work and concerns re; health and safety - helpful report.

Client is unlikely to attain any points so I am going down the subtantial risk route but I would be grateful for any words of wisdom or case law that I can use to support my case that merely attempting work (and thus not being able to take her meds) pose a substantial risk due to increased attacks.

Thanks in advance.
Chaos

Altered Chaos - 13 March 2011 12:39 PM

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Client is unlikely to attain any points so I am going down the subtantial risk route but I would be grateful for any words of wisdom or case law that I can use to support my case that merely attempting work (and thus not being able to take her meds) pose a substantial risk due to increased attacks.

I have tried this approach with clients with severe depression and have not been successful.  All I can suggest is to provide as much medical evidence as possible.

Thanks Andy, I had the Charlton case you cited, I guess I was hoping for more (aka Oliver Twist). I have not yet encountered a problem arguing Reg 29(2)(b) but the unusualness of the case has me concerned.
Chaos

i would go Reg 29 also.  i have friends with this - very seriously disabling due to the pain.  (Amazed your client can think about working at all)

They’re both off sick, one has been for many years and the other relatively recent (hers was caused by some dental surgery last year).  requires specialist pain management.
there’s a support group forum i think where i expect your client can get help = will see if can can get the link to it for you.

Hi All

A belated thank you for input. Appeal was won second time around (don’t ask!) on reg 29.

Chaos