Awareness of Hazards, Epilepsy and Schedule 3

Does anyone have any successful experience arguing that frequent epileptic seizures could place you within activity 10 for schedule 3?

I assume the sticking point would be ‘due to cognitive impairment or mental disorder’ (which seems to be absent from Schedule 2).

Haven’t been to appeal specific to this issue yet, although when I’ve suggested it on other cases, tribunals have proved resistant to the suggestion, and tended to find some other way through the test when appropriate.

The problem with that is under regulation 34(3A) to have that descriptor applied to you the reduced awareness has to be due to some specific mental illness or disablement or as a direct result of treatment for such and epilepsy by itself is a specific physical disablement, caused by electrical spiking in the brain.

Most people are cognitively impaired whilst suffering a seizure. It might be transient but it’s still a contributor…