× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Housing costs  →  Thread

Alcoholic client with mental health issue have been treated as no longer having LCA as she stopped and got herself a bottle of brandy on her to the as

Sophia2013
forum member

Redbridge Citizens Advice

Send message

Total Posts: 44

Joined: 9 July 2013

I am helping a client to put in an appeal against her ESA MR Notice.
Client suffering from alcohol addiction could not attend her first appointment for examination due to had overdone it that day.
Second time she turned up but not fit for the examination and had to leave the premises.

DM stated in MR notice:
“Having considered all factes ; I do not accept you have shown good cause for failling to submit for examination. You were aware that your previous assesment had been stopped dur to your drunken abusive conduct. Yet knowing this you still purposely stopped your taxi while on route to the assesment to purchase alcohol and drank a substantial amount in a very short time. Even taking accoutn of your health issues, I do not consider this to be a good reasonable from someone who intended to submit themselves for medical examination”

Any suggestion will be helpful of how to go about it.
Thank you

[ Edited: 7 Feb 2014 at 04:48 pm by Sophia2013 ]
nevip
forum member

Welfare rights adviser - Sefton Council, Liverpool

Send message

Total Posts: 3137

Joined: 16 June 2010

Prove, with corroborative evidence, addiction to alcohol with no, or no meaningful, control over the compunction to drink

Sophia2013
forum member

Redbridge Citizens Advice

Send message

Total Posts: 44

Joined: 9 July 2013

Thanks nevip, will it be possible to break it down a bit more. There is enough medical evidence to prove her addiction.

nevip
forum member

Welfare rights adviser - Sefton Council, Liverpool

Send message

Total Posts: 3137

Joined: 16 June 2010

Have a look at R(DLA) 6/06, particularly paras’ 18 and 31-33.  Attached.

File Attachments