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

Incontinence and consciousness

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Total Posts: 1366

Joined: 22 July 2013

Hi - I know that this has been discussed before but I could not find conclusive answers, maybe it’s because I’m not too bright…
I have a client who has failed the LCWA with nil points. At least once a month he has panic attacks which cause him to enter a state of altered consciousness, similar to a fit. He ends up on the floor with his eyes open and an awareness of what is going on around him but an inability to react to anything. This state lasts for several minutes during which he always suffers from urinary incontinence. Activity 9 (the post-January 13 activities & descriptors) refers to “loss of control whilst conscious leading to extensive ... voiding of the bladder sufficient to require cleaning and a change in clothing”. Previous posts suggest that some people believe that the consciousness issue is not an issue but it seems pretty black and white to me that it is. My feeling is that I’m going to have to construct an argument that whilst he is in an altered state of consciousness he is, in fact, still conscious. Does anyone have a definitive answer on this or experience of taking similar arguments to Tribunal?