UC LCWRA

Hi Bear1980

There is advice on what counts as " disinhibited " in the BenefitsandWork guide on the WCA.
I cannot see falling asleep being accepted as disinhibited behaviour in this context as the assessor will be looking for examples of aggressive behaviour and in my opinion falling asleep obviously is about as passive an activity as you can get. There would be case law/tribunal hearings regarding this subject that would be worth having a look at to see if there are any favourable arguments.

www.benefitsandwork.co.uk/?dlp=6797196649efd

What we consider this activity is about
Caution: this is just our idea of what these terms may mean; the decision maker or
tribunal may take a different view. You don’t need to read this section to complete the
questionnaire.
Uncontrollable episodes
If your episodes can be controlled then they may not count. However, if they happen without
warning or they cannot be controlled once they begin then they should be considered.
Aggressive or disinhibited behaviour
This could be things like:
• Shouting
• Swearing
• Lashing out
• Singing loudly
• Removing clothing
• Crying
• Running about
• Challenging people to a fight
• Talking about inappropriate subjects, such as sex, to strangers
Unreasonable in any workplace
Any of the behaviour listed above would be unlikely to be acceptable in most workplaces.
on a daily basis
This would probably have to be on every, or almost every, day.
Frequently
There is no legal definition of frequently in this context. If the episodes are on a less than
daily basis, all you can do is give detailed information and, if you are unhappy with the result
of your claim, consider including this issue in your mandatory reconsideration request or
appeal.
Occasionally
As for frequently above.

David

Hi Freedricka,

You mention what would happen if he was woken up. I suppose if there was a violent or aggressive reaction then that would meet the criterion.

David