esa and alcoholism

goutman78

hi every one ive been on and off of esa for around a few years and only went back on two jsa just so i could get some money for basically my drinking a problem i started most likely when i first started drinking when i was 14 and as time as gone on it does slowly get you never thought it would and said to friends he woulnt get me anyway im a alcoholic even when im not well i drink thing is as well i lost my job 4 years ago and had held down the job for 11 years even still while i was drinking mostley ever day ive been to a few medical assessment but the same thing o points they are not a doctor can you touch your toe bend ect so now my esa has stopped they say i fit for some work would you want a over the limit alcoholic working beside you i also suffer with stress depression anxiety most day feeling worthless and suffer with bad exma and very bad gout attacks which i have now on my knee hips and both bottom feet and my doctor knows all my history with my drinking problem also in the doctors every other month for some or other due to drinking just wonder if anyone has any suggestions or advice thanks wayne

thorsoak

Get help for your addiction?

Alice_Holt

ESa regulations 29 & 35 could apply:
http://www.cpag.org.uk/content/making-exception

See also:

"Whether alcohol and drug dependency constitute ‘mental condition’
[2011] UKUT 307 (AAC)

Background

The claimant suffered from alcohol and drug dependency which led to breathlessness, nausea, blackouts and falls.

The claimant's appeal against a decision that he scored no points under the work capability assessment was dismissed by a tribunal on the basis that drugs and alcohol were a lifestyle choice for him, and there was no evidence of any specific physical or mental disablement.

The claimant then appealed to the Upper Tribunal.

Issues before the Upper Tribunal

Whether the tribunal was correct to say there was no evidence of a physical or mental disablement.

Reasons for decision

Judge Levenson agrees with the claimant that the tribunal was wrong to say that there was no evidence of a physical or mental disablement -

'As Upper Tribunal Judge Jacobs pointed out in CIB/1296/2007 (sitting as a Social Security Commissioner) alcohol dependence is a mental condition (as decided by a Tribunal of Commissioners in relation to DLA in R(DLA) 6/06). The same must apply to drug dependence, and if it is correct in relation to incapacity benefit it is also correct in relation to ESA. In the present case the First-tier Tribunal did not seek medical evidence as to whether the claimant was actually dependent on alcohol and/or drugs and seems to me to have simply made an assertion without reference to evidence.' (paragraph 11)

Judge Levenson goes on to say that Judge May was mistaken in his approach in deciding, in CE/903/2010, that R(DLA) 6/06 does not apply to ESA.

Decision

Judge Levenson sets aside the decision of the tribunal and remits the appeal for rehearing by a new tribunal."


These activities could apply:
2.� Awareness of everyday hazards (such as boiling water or sharp objects).
12 (a) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions, such that they require supervision for the majority of the time to maintain safety. 15 points.
12 (b) Reduced awareness of everyday hazards leads to a significant risk of (i) injury to self or others; or (ii) damage to property or possessions, such that they frequently require supervision to maintain safety. 9 points.
12 (c) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions, such that they occasionally require supervision to maintain safety. 6 points.

16.� Coping with social engagement due to cognitive impairment or mental disorder.
16 (a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. 15 points.
16 (b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual. 9 points.
16 (c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. 6 points.


17.� Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
17 (a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15 points.
17 (b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 15 points.
17 (c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. 9 points.


It would be worth getting help from your local CAB if you intend to (re)apply for ESa.

Bogalot

Benefits are not going to solve your problems.

Some more constructive help:

http://www.alcoholics-anonymous.org.uk

http://www.nhs.uk/Livewell/alcohol/Pages/Alcoholsupport.aspx

There will also be charities local to you that can offer counselling and treatment. Simply Google alcohol dependency and your area, or ask at your GP surgery. You may be able to self refer.

Alcohol is a depressant, it will also trigger gout. Think of what your life could be like without booze.

sangie595

Genuine question because I don't understand this. I thought that self inflicted conditions were viewed differently for benefits purposes. Am I wrong?

By self inflicted, I mean alcohol and drug addictions.

Anchoress

sangie595 wrote: »

Genuine question because I don't understand this. I thought that self inflicted conditions were viewed differently for benefits purposes. Am I wrong?

By self inflicted, I mean alcohol and drug addictions.

I don't know the answer to your question but just to throw something into the mix...........if someone became severely and permanently agoraphobic because of withdrawal from prescribed medication would that be classed as self-inflicted and not worthy of benefits?

Just wondering really - addictions can be very complex and a result of trauma rather than lifestyle choices.

Diary

sangie595 wrote: »

Genuine question because I don't understand this. I thought that self inflicted conditions were viewed differently for benefits purposes. Am I wrong?

By self inflicted, I mean alcohol and drug addictions.

Yes, you're wrong. They aren't viewed differently.

sangie595

Diary wrote: »

Yes, you're wrong. They aren't viewed differently.

Thank you for that insightful feedback. That really clears up the point.

I don't think...

sangie595

Anchoress wrote: »

I don't know the answer to your question but just to throw something into the mix...........if someone became severely and permanently agoraphobic because of withdrawal from prescribed medication would that be classed as self-inflicted and not worthy of benefits?

Just wondering really - addictions can be very complex and a result of trauma rather than lifestyle choices.

I agree. I was asking a genuine question because I thought that there had been some sort of change on addictions. But obviously it isn't a serious question for some people. I would have thought that prescription medicines duly made by a doctor might be treated differently, but I thought the government had been making changes when it came to "elective" addictions. Maybe not.