× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

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

ESA and Insomnia

Benefit-Advisor
forum member

Welfare Benefits, Citizens Advice Sunderland

Send message

Total Posts: 1

Joined: 29 November 2011

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!!

Benefit-Advisor
forum member

Welfare Benefits, Citizens Advice Sunderland

Send message

Total Posts: 1

Joined: 29 November 2011

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.

1964
forum member

Deputy Manager, Reading Community Welfare Rights Unit

Send message

Total Posts: 1711

Joined: 16 June 2010

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).