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ESA50 Q.10 Staying conscious when awake

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11 years 2 months ago - 11 years 2 months ago #98591 by MSCarer
Although this question mentions fits and blackouts in particular, is just falling asleep from sheer fatigue (which is a symptom of your illness) something that could be mentioned in this section?
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago - 11 years 2 months ago #98597 by Gordon
Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake

MSCarer wrote: Although this question mentions fits and blackouts in particular, is just falling asleep from sheer fatigue (which is a symptom of your illness) something that could be mentioned in this section?


You are entitled to mention whatever you think is relevant to your claim, however, I think it unlikely that you will be successful in meeting the criteria, the problem being that you are "falling asleep" not suffering an "involuntary episode of lost or altered consciousness"

Gordon

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Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98645 by slugsta
Replied by slugsta on topic ESA50 Q.10 Staying conscious when awake
I'm afraid that I agree with Gordon's comment. It would seem that the phrasing of this question specifically discounts falling asleep as it states 'when awake'.

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11 years 2 months ago - 11 years 2 months ago #98690 by billkruse
Replied by billkruse on topic ESA50 Q.10 Staying conscious when awake
This would seem to count out narcolepsy though, for which I'm being tested later in the year... my specialist describes my current condition as "... he continues to experience episodes of uncontrollable daytime sleepiness ... this is a permanent situation... Mr SWLABR needs his daytime sleep and this can be an uncontrollable necessity." and if this could not be mentioned in this section then where would you suggest is most appropriate please?
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98694 by Gordon
Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake

SWLABR wrote: This would seem to count out narcolepsy though, for which I'm being tested later in the year... my specialist describes my current condition as "... he continues to experience episodes of uncontrollable daytime sleepiness ... this is a permanent situation... Mr SWLABR needs his daytime sleep and this can be an uncontrollable necessity." and if this could not be mentioned in this section then where would you suggest is most appropriate please?


You and MSCarer may want to have a look at the following Upper Tribunal decision

www.osscsc.gov.uk/judgmentfiles/j3488/CE%201548%202011-00.doc

Gordon

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

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11 years 2 months ago #98695 by MSCarer
Replied by MSCarer on topic ESA50 Q.10 Staying conscious when awake
I would have thought that you could have mentioned this in practically every section of the form as it clearly has an effect mentally and physically and therefore has an impact on you being able to perform day to day activities? My partner has fatigue as part of her MS and I am mentioning this in every section.

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