Reading in the new regulations that a mental health condition that contributes towards a physical condition is disregarded and vice versa this raises the worrying spectre of the case of severe Alcoholism as this dictate would appear to preclude it? At root is the question is alcohlism of mental or physical origin? I dont think even Doctors can awnser that! The craving that is felt is it physical ,mental or both? An alcholic is incapacitated both ways especially after going on a "bender"and are unconcious! They have scope here to disregard this condition as they can just say "oh well its a mental condition so the physical incapacity doesnt count" or "oh its a physical condition so the mental incapacity doennt count". Surely Catch 22?
It is really too early for us to know how this new rule is going to be interpreted by Decision Makers and tribunals. We are advising claimants to continue completing the ESA50 forms in detail - the worst that can happen is that things will be discounted, which is better than missing out things that would have been helpful.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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