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2 questions please
- Chrissy
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I am diagnosed with Emotionally unstable personality disorder and was illicitly using valium 75mg a day 2yrs ago.
In 2016 the mental health team took me on and I have reduced to 32mg a day and am now prescribed legitimately and not misusing any substances.
I have not been able to reduce for a long time due to property stress.
My psychiatrist says that the mental health team do not prescribe this as a psychiatric medication and has encouraged me numerous times to go on antidepressants or non addictive anti anxiety drugs but I have refused because I went on 2 before a few years ago and they did nothing, also, I have heard from fellow benzodiazepine addicts that they have not helped, and in fact they have withdrawal symptoms of their own.
I am in the support group and am trying to get back in under the exceptional circumstances route as I do not feel fit for work related activity, because I have fits of self injurious rage causing bruising and bleeding to my head, but your helpful advice book seems to suggest (If I am correct) that as I have not taken any antidepressants or other anti anxiety drugs suggested by my psych, or not taken any for a few years that the CHDA may put me in the WRAG or JSA as I do not want to take antidepressants.
What would be the solution to this, as I dont want to risk more drugs making me feel worse or more withdrawals from other drugs.
Thanks.
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- Gordon
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There is a section in our ESA/UC Claim guides that covers Exceptional Circumstances, it is under the heading of Substantial Risk.
You will need to tick a number of boxes in order to meet the requirements.
First, there must be a specific condition that your issues can be attributable to.
Second, there must be a substantial risk of harm to you or others because of this.
Lastly it must be linked to your being asked to undertake Work Related Activity, to be clear, this is not about your being asked to work.
Decision Makers are told
"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work or found not to have LCWRA."
The Substantial Risk Regulations operate differently from the rest of the ESA Descriptors in as much as there is no on-going assumption of disability, in other words, you must show each time you are assessed that you meet the criteria, this means that you will need up to date evidence from your GP or those that treat you.
Your not taking medication should not be an issue as you can show that you have good reason not to do so.
Gordon
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- Chrissy
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Hi GordonGordon wrote: Chrissy
There is a section in our ESA/UC Claim guides that covers Exceptional Circumstances, it is under the heading of Substantial Risk.
You will need to tick a number of boxes in order to meet the requirements.
First, there must be a specific condition that your issues can be attributable to.
Second, there must be a substantial risk of harm to you or others because of this.
Lastly it must be linked to your being asked to undertake Work Related Activity, to be clear, this is not about your being asked to work.
Decision Makers are told
"A risk is substantial where the harm or damage to the person’s health would be serious, and could not be prevented or mitigated. It is not minor or trivial. It may be immediate, or in the longer term. The risk of harm has to be caused by the individual claimant’s physical or mental health condition, and be triggered by being required to work or found not to have LCWRA."
The Substantial Risk Regulations operate differently from the rest of the ESA Descriptors in as much as there is no on-going assumption of disability, in other words, you must show each time you are assessed that you meet the criteria, this means that you will need up to date evidence from your GP or those that treat you.
Your not taking medication should not be an issue as you can show that you have good reason not to do so.
Gordon
I don't think I was very clear in my first post.
1)I read in your guide, the following
"If, because of your condition, there would be a substantial risk to your physical or mental health, or that of any other person, if you were found fit for work. You can’t use this route if reasonable workplace adjustments, or taking medication prescribed for you, would reduce this risk."
My psychiatrist wants me to go on additional psychiatric medication besides my benzodiazepines.
He is only prescribing me them so that I can do a reduction without having to get them illicitly.
I am worried that the decision maker or maximus may consider the additional medication my psych wants to prescribe as a reasonable adjustment.
I don't know what my fits of rage stem from. I've had them all my life. I was thought to be autistic as a small baby but the doctor in the 1960's when I was born said no and I failed an autistic assessment in 2015 because I was on diffferent illicit drugs, made eye contact, which I find difficult, and said I could socially reciprocate and interact, but that was when I was on drugs and before I got my EUPD diagnosis.
I told the autism assesor what I wanted to be, rather than what I really was as I thought I was what I wanted to be, extrovert when I am introverted really.
Also, you advised "Lastly it must be linked to your being asked to undertake Work Related Activity, to be clear, this is not about your being asked to work."
Also, its work related activity I don't feel fit for, not just work, sorry if I misunderstood you or made myself unclear.
Sorry for more questions, which boxes would I have to tick, Ive messed up the form by missing important things out, so hopefully the CAB benefits specialist mentioned in my first post may be able to help me write extra on additional sheets.
Thanks for your first reply, I hope you can help clarify as this form is confusing, but your guide/handbook is helpful.
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- BIS
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It is impossible for us to tell you whether or not in your case the additional medication your psychiatrist wants you to take is going to be reviewed as a reasonable adjustment because we are not assessors. All you can do is tick that box and then add an additional sheet with the help of your benefits advisor. It does not matter that she does not know you, she only needs to put down why you think you should be considered under the Substantial Risk category.
It doesn't matter that you feel unable to work because the substantial risk is about work-related activity not work and that is all that matters to fulfill those criteria.
BIS
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- Gordon
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Two points, you are in the SG and I assume hope to stay there, these additional requirements do not apply in this case, they only apply if the DM is considering the WRAG.
Secondly, the key phrase is prescribed. in your case the medication has been recommended, it has not be prescribed.
Gordon
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