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exemption by virtue of potentially fatal condition

  • sludgeblood
  • Topic Author
14 years 3 weeks ago #34177 by sludgeblood
Forgive me if I am not au fait with the right terminology but can anyone confirm or otherwise that there is an exemption that applies (to Incapacity Benefit) irrespective of points scored/medical result for someone suffering from a condition that is 'potentially fatal and for which there is no known cure' or words to that effect. I seem to remember that there was such an exemption and that Hughes Syndrome, aka Antiphospholipid Syndrome was one such disease.
Thanks in anticipation.

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14 years 3 weeks ago #34189 by Steve Donnison
Replied by Steve Donnison on topic Re:exemption by virtue of potentially fatal condition
Hi,

If you look in guide to the personal capability assesment for physical health in the members area you will find details of the exemptions and exceptional circumstances rules there.

Good luck,

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • originaldave
14 years 3 weeks ago #34196 by originaldave
Steve Donnison wrote:

Hi,

If you look in guide to the personal capability assesment for physical health in the members area you will find details of the exemptions and exceptional circumstances rules there.

Good luck,

Steve


would that sort of rule count if someone needed 80mg of drugs to be ok, but can only take half because of the fact the correct dose would kill them ? so they are only ok for part of the day where as someone without the complications would be allowed the correct dose ?

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  • originaldave
14 years 3 weeks ago #34197 by originaldave
sludgeblood wrote:

Forgive me if I am not au fait with the right terminology but can anyone confirm or otherwise that there is an exemption that applies (to Incapacity Benefit) irrespective of points scored/medical result for someone suffering from a condition that is 'potentially fatal and for which there is no known cure' or words to that effect. I seem to remember that there was such an exemption and that Hughes Syndrome, aka Antiphospholipid Syndrome was one such disease.
Thanks in anticipation.


most people with this problem are ok on asprin and others take warfin and that controls it in most cases

I have just asked the question what if you can only have say part dose because of internall bleeding problems

are you under dr d cruz at st thomas's ?

what symptoms have you had and if under st thomass have the had you in for the five day tests all in one go ? heart bloods scans mri and using nuclear meds ?

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14 years 3 weeks ago #34202 by Callisto
Hi
I have amongst other conditions, APS as i have the lupus anticoagulants and at 45 have never had a successful pregnancy.
I dont think you will find that APS allows you to claim exemption. Yes in its full blown capacity, you can have a fatal stroke but they argue that with the daily dose of plavix, warfarin or heparin, you will remain stable.
I have never been exempt but to be honest have passed my ib medicals on other grounds so to be fair i have never had to put it to the test, are you worried about the new changes, is that why you are asking?
The problem you are likey to encounter is that although APS is not curable, it is controllable especially in the early
stages. Obviously just because you are taking an anticoagulant does not preclude you from actually having a stroke or a DVT, the accepted norm is that the drugs should stop it. If you are unlucky enough to suffer a stroke you may be able to argue that you were not having a controllable form of the illness, however, i am sure you would not want it to come to that.
Hope this helps although i guess its prob not what you wanted to hear. If you have Lupus which a fair few do with the antibodies, some people HAVE been exempt but that is usually because they have severe kidney failure, but again that is end stage stuff.
Good luck
callisto

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  • originaldave
14 years 3 weeks ago #34208 by originaldave
Callisto wrote:

Hi
I have amongst other conditions, APS as i have the lupus anticoagulants and at 45 have never had a successful pregnancy.
I dont think you will find that APS allows you to claim exemption. Yes in its full blown capacity, you can have a fatal stroke but they argue that with the daily dose of plavix, warfarin or heparin, you will remain stable.
I have never been exempt but to be honest have passed my ib medicals on other grounds so to be fair i have never had to put it to the test, are you worried about the new changes, is that why you are asking?
The problem you are likey to encounter is that although APS is not curable, it is controllable especially in the early
stages. Obviously just because you are taking an anticoagulant does not preclude you from actually having a stroke or a DVT, the accepted norm is that the drugs should stop it. If you are unlucky enough to suffer a stroke you may be able to argue that you were not having a controllable form of the illness, however, i am sure you would not want it to come to that.
Hope this helps although i guess its prob not what you wanted to hear. If you have Lupus which a fair few do with the antibodies, some people HAVE been exempt but that is usually because they have severe kidney failure, but again that is end stage stuff.
Good luck
callisto


Have you been to or asked to go and see the team at st thomas's they have good results getting ladies pregnant :laugh:

strokes are not end stage but kidneys can be as other organs all get hit at once but thats rare

clexane started before trying to concive is the normal way warfin has to be stopped as it damges dna

get past 10 weeks on clexane and there are good chance you will go full term

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