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ESA50 Q.10 Staying conscious when awake
- billkruse
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12 years 3 months ago - 12 years 3 months ago #98704 by billkruse
Replied by billkruse on topic ESA50 Q.10 Staying conscious when awake
While he makes a couple of good points, the decision is wrong. He's equating the tiredness such as anyone might experience, caused by lack of sleep, with the tiredness caused by lack of oxygenation brought on by sleep apnea. Without the appropriate oxygen your internal organs simply won't work properly and consequently neither will you. No amount of mental effort or concetration is going to improve their function or yours. One might as well ask a car to discipline itself to run without fuel. This decision may not affect me directly as together with sleep apnea I have deranged sleep, am deeply hypothyroid and am recovering from two operations, both serious enough to have as an inpatient. However, it needs to be overturned because it's just plain wrong. How does one do that please?
Last edit: 12 years 3 months ago by Gordon.
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12 years 3 months ago #98705 by billkruse
Replied by billkruse on topic ESA50 Q.10 Staying conscious when awake
Fascinating but wrong. If your internal organs aren't properly oxygenated then they won't work properly and neither will you. No amount opf conentration will make any difference. It's like asking a car to discipline itself to run on the wrong fuel. How can it be overturned? This has to be done I'm afraid.
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12 years 3 months ago #98706 by billkruse
Replied by billkruse on topic ESA50 Q.10 Staying conscious when awake
I'm having trouble replying, as you can see. My browser's telling me my replies aren't getting through when clearly they but are after a delay.
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12 years 3 months ago #98707 by Gordon
All posts are moderated before publishing, so there will always be a delay before they appear in the forum
Gordon
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Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake
SWLABR wrote: I'm having trouble replying, as you can see. My browser's telling me my replies aren't getting through when clearly they but are after a delay.
All posts are moderated before publishing, so there will always be a delay before they appear in the forum
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 3 months ago #98710 by Gordon
Whilst I have no doubt as to validity of your comments in regard Sleep Apnea, even as a layman, I do not see the relevance of them in regard the Staying Awake descriptor.
To challenge the ruling you would need, at the very least, another Upper Tribunal Judge to re-evaluate the evidence of a specific case of Sleep Apnea, specifically in the context of the Staying Awake descriptor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake
SWLABR wrote: While he makes a couple of good points, the decision is wrong. He's equating the tiredness such as anyone might experience, caused by lack of sleep, with the tiredness caused by lack of oxygenation brought on by sleep apnea. Without the appropriate oxygen your internal organs simply won't work properly and consequently neither will you. No amount of mental effort or concetration is going to improve their function or yours. One might as well ask a car to discipline itself to run without fuel. This decision may not affect me directly as together with sleep apnea I have deranged sleep, am deeply hypothyroid and am recovering from two operations, both serious enough to have as an inpatient. However, it needs to be overturned because it's just plain wrong. How does one do that please?
Whilst I have no doubt as to validity of your comments in regard Sleep Apnea, even as a layman, I do not see the relevance of them in regard the Staying Awake descriptor.
Consciousness during waking moments ... has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration.
To challenge the ruling you would need, at the very least, another Upper Tribunal Judge to re-evaluate the evidence of a specific case of Sleep Apnea, specifically in the context of the Staying Awake descriptor.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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12 years 3 months ago - 12 years 3 months ago #98725 by billkruse
Replied by billkruse on topic ESA50 Q.10 Staying conscious when awake
Sleep is itself an altered state of consciousness. Falling asleep without knowing it's happening or being able to stop it is involuntary. I believe we agreed on that last point on the old forum, many months ago. Has the descriptor wording changed in some subtle fashion? Meanwhile, it seems like I'll just have to chance it and come back for more advice when I have to face an appeal.
Last edit: 12 years 3 months ago by Gordon.
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