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Changes ? ?

  • slegne
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5 years 4 months ago #241875 by slegne
Changes ? ? was created by slegne
I am an appointee for my sons esa and dla. He recently came to a realisation, and made me aware, that a negative pattern had developed in his life. He was using alcohol as a coping mechanism to enable him to go out and mix with a group of people at their homes and on rare occasions gone out in their cars. This happened on friday/ saturdays, but not every weekend.
Due to his autistic spectrum condition, without alcohol, he would be unable, and would not contemplate, going out to places he doesn't know, or mix with a group of people.
I was concerned and we contacted his GP, who has made an appt with a CB therapist to address this issue and the underlying social anxiety, with medication for selective use in event of severe anxiety attacks. We have also contacted Drinkaware for practical advice and health risks which I am working through with him.
It has since occurred to me whether this is a ' change of circumstance ' apparently its been happening for over 3 months, but I am not sure. I dont know if ' any changes to your medical condition or disability ' applies. Because now this negative pattern has ceased and the issue has been addressed. The problems he has with going out and social situations have reverted to the norm. His autistic condition has not changed, his use of alcohol was like a form of self medication but harmful. So I am not sure?
Finally, one other issue that has arisen while working through this process, I was looking through his forms and medical info. His most recent ESA review, I sent in the form on 2/8/19 and still no reply, I was looking at Going Out re above and had a doublethink about the question ' Can you leave home and go out to places you know' answer NO. My reading of this was going out to public spaces and travel by walking or public transport at the time. Having been reading in the forum, I am not sure and pretty confused, he does weekly come to mine his mothers and his aunts by taxi which he just about copes with. I am wondering if my reading was right or this needs a change of circumstance or send in additional info.
Increasingly this is becoming a quagmire to interpret and ever changing criteria and vague definitions, its draining and baffling.

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5 years 4 months ago #241892 by Gordon
Replied by Gordon on topic Changes ? ?
slegne

I can't give you a definitive answer to your questions but will try and give you the information to allow you to make one.

The first thing you need to consider in regard the time that he was taking alcohol is whether it changed any of his care needs and if there was a change, was it one that sustained over a reasonable period of time?

If there was an improvement and it continues today then I think you are obligated to notify the DWP but from your post, if anything it was a deterioration, whilst I cannot tell you that you do not need to notify the DWP, realistically they are not bothered if they are not told that the claimant's conditions are worse.

Obviously, if there was no significant deterioration or it no longer affects him then you do not need to contact them.

If you do report a change then it would mean a reassessment of his ESA and a transfer to PIP from DLA.

As to Going Out, there are two different sets of criteria; one for ESA and one for DLA, neither of these are discussed with any frequency on the forum, what you have been reading is for PIP, it's close to the ESA definition but there are still significant differences and it is quite different from the DLA requirement.

Whether it is an issue will depend on what Descriptors he met for ESA and what award he has for DLA, without this information all I can do is point you at the relevant guide,

www.benefitsandwork.co.uk/help-for-claimants/esa1

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

Gordon

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

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  • slegne
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5 years 4 months ago #241912 by slegne
Replied by slegne on topic Changes ? ?
In respect of Going Out and the info you needed for further advice:
ESA support group- descriptor Coping with Change 15 points
DLA low mobility and middle care.

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5 years 4 months ago #241922 by Gordon
Replied by Gordon on topic Changes ? ?
slegne

His going out while he was consuming the alcohol would tend to argue against his meeting either set of criteria but now that he has stopped I think that the ESA one is still potentially met, the criteria are less well defined but the requirement is unfamiliar places and he would seem to meet this.

Gordon

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