Sleep

Hello,

Is there any info to be found here, or does anyone know of the rules and regs regarding sleep? I mean of course lack of.

Is there any allowance made by the DWP, in regard to DLA, if you are unable to sleep due to pain ?

I have tried to search the subject but cant seem to find anything; new here so not sure if I have done the right thing.
with the search
Cheers

Bill

AS a fellow sufferer of chronic pain and high level sleep disturbance - I understand your frustration.

I have not come across any explicit references in Regs or Decison makers guidance to sleep deprivation. The references all deal with care and household.

Most references are linked to specific conditions and can be reviewed using "The Disability Handbook" as used by DWP - www.dwp.gov.uk/docs/dla.pdf

Also the A to Z of medical conditions should be checked for specific diagnosed conditions. There is an issue where if the DM guidance does not mention sleep problems/deprivation they just assume that any reference to it does not apply. Therfore it's imperative that any claim or communication set out the information clearly and if possible with evidence. As the DM Guidance says - "01524 It should be remembered that the onus is on the claimant to provide evidence in support of their claim or application."

It is worth looking at the the DM guidance closely - www.dwp.gov.uk/docs/vol10.pdf

There is the view expressed "61135 The inability to sleep does not in general, give rise to additional needs for adults. But assistance to a person who, through discomfort or distress, is unable to sleep without relief (for example someone who is completely unable to move in bed), should be taken into account."

So it's the effects of not sleeping that is significant and not the sleeplessness itself.

Also "61200 Where the disabled person has abnormal sleeping habits “night” should be assessed objectively by reference to a hypothetical household and whether the carer would reasonably consider that he or she was providing night care1. Day should be taken to mean any time which is not considered to be night."

It's worth considering three areas that feed into the DWP.

1) Cause
2) Effect
3) adaptation

Cause - is there a specific illness, drug or effect of the condition which causes sleep loss.


Effect - how the sleep loss manifests and effects daily life. many people with chronic pain end up with a body clock that runs on 27 hours plus - so they constantly move in and out of sync with normal sleepers - night becomes day/day become night and there can be significant care needs.

How have adaptations been used? Having to use specific types of seating to reduce pain - undertaking activity such as washing, bathing, walking only at set times to manage pain - even having multiple alarm clocks to force wakefulness either in the morning or even during the day!

Even not being able/allowed to take medications that would treat or manage an underlying condition as they make the sleep disturbance worse. A Number of drugs which are Synthetic derivative of Codeine are known to cause gross sleep disturbance and even make pain worse as a result.

A sleep diary is recognised as evidence and a recognised format can be found at www.patient.co.uk/health/Sleep-Diary.htm

All the best

Most of the Commissioners Decisions re.. sleep seem to be with regards to a persons mental state but could also possibly be adapted to physical pain affecting daytime activities etc ..The Commissioner in CIB/5336/2002 …Daytime activities may be prevented completely, or only be possible at certain times of the day, or be possible but only very intermittently or very slowly. All of these are potentially ways of interfering with the activities. Any of them is sufficient to satisfy the descriptor.. they must result from sleeping problems etc

DecisionCDLA/12912/96,
www.rightsnet.org.uk/pdfs/cmmr_upload/cdla/cdla1291296.doc at paragraph 11 -
sleep is an essential bodily function; and if the normal sleep patterns are too badly disturbed as a result of a person's mental illness a vicious circle can develop

the Cockburn and Fairey cases [1997] 1 WLR 799, and with the Commissioner's decision in case CDLA 403/94 holding that "attention in connection with bodily functions" could include sitting up and talking with a hot drink with a person whose sleeping was interrupted by mental disability .. maybe also be relevant to help relieving pain etc as sleep is a bodily function

Hello to you both,

Thank you very much indeed for taking the time to reply, your hard work and information, its a great help.

All the very best to you both.

Cheers
Bill

Hi Bill. Depending on what your condition /s are the WWP and ATOS are supposed to take into account the side effects of medication. Although when you read some of the stories on this site it seems they dont even take into account your illness/disability let alone the medication yountake for it. Please seek face to face advice from a welfare rights officer. Good Luck

Thanks for the information posted here. My husband has severe mental health problems and his sleep pattern is erratic at best. This information is really useful, Cheers!