driving or operating machinery????

Homer

You would need to show that the effects of any medication you were taking were so significant as to place you or others at significant risk. This requirement is far tougher than it appears and would need to be supported by medical evidence.

You need to bear in mind that ESA does not look at your ability to perform a particular job ( or indeed any job), so referencing heavy machinery will be of little value, as the DWP will argue that you could do an office job.

Gordon

homer wrote: when you say it would require medical evidence to back up that your medication was affecting you, So i tell my gp how it is affecting me he puts it on my file, is that not medical evidence. apart from crashing your car and in the report into the crash you say it was the medication side effects how else are you supposed to prove how the medication is affecting you. also how would the police prosecute you for knowingly driving what evidence would they use

I never said it would be easy

Is this a theoretical discussion or are you completing a claim form and want to include these arguments?

The side effects you experience due to your medication would need to be documented by your doctor, I think it likely that they will adjust your medication to try an minimise these, so there would need to be reasons why you would remain affected.

As I mentioned in my previous post, the effects would have to be severe enough that there was a substantial risk to you or others, so it is not enough that you are just tired. You would need to give examples of the potential consequences. You can use heavy machinery as one example but you would need to give others as well.

I would assume that the police would take a blood test.

Gordon

homer wrote: its not theoretical, i did include examples of how my medication affects me, such as leaving pans unattended which have then caused fires, i have flooded my bathroom at least three times in the past few months, i have had a few close shaves whilst driving when i have pulled out in front of traffic due to lack of concentration as a side effect of medication, it is more than feeling tired, but as the dwp dont seem to have taken anything my gp has said about my condition into consideration it is very difficult to get how you are affected across.

many thanks

OK, looking back at your previous posts I'm guessing this is in regard to your failed ESA claim?

ESA adds an extra dimension to your problem as it distinguishes between physical problems and their treatment and mental health issues and their treatment.

So if the medication you are taking is for mental health problems then any side effects from that medication will not be considered in regard to the ESA physical activities. So as an example; if you were saying that your mobility was affected because of drowsiness then I would not expect you to score points for this.

Conversely if your medication is for pain relief then I would not expect you to score points for the mental health activities such as Awareness of Hazard or Danger due to your drowsiness.

The exception to this are the Exceptional Circumstances Regulations which look at the danger to you or others if you were to (a) work or (b) perform work related activity. Have a look at the ESA Claim guides for more details. However, the EC's are actually very difficult to qualify under and you will need that medical evidence that I referred to in a previous post.

Gordon