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Case Studies » Sickness » 2014/06 - Specified Disability: Hepatitis C, ADHD, Drug Abuse


Specified Disability: Hepatitis C, ADHD, Drug Abuse

Background: The appellant, aged 22 years, had been in receipt of Disability Allowance for six years before having to serve a custodial sentence.  On her release, her claim was disallowed.  Her appeal against that decision was dealt with by way of summary decision.

Comment/Conclusion: The Appeals Officer noted the medical evidence and details outlined concerning the appellant’s educational background.  She had attended a school for children with special needs and cannot read or write without assistance from family or friends.  He took note of the information provided as to the time she spent in prison and the fact that no reason had been stated for the decision to disallow her claim following her release.  Having considered all the available evidence, the Appeals Officer concluded that the appellant satisfied the criteria for receipt of Disability Allowance.

Decision of the Appeals Officer: The appeal is allowed.

Decision reason(s): Disability Allowance may be paid where a person is substantially restricted in undertaking work which would otherwise be suitable with reference to their age, experience and qualifications and the specified disability has continued or may reasonably be expected continue for at least one year.

Having carefully examined all the available evidence in this case, I have concluded that the appellant has established that she meets the qualifying medical conditions for Disability Allowance.  In the circumstances, the appeal is allowed.