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Case Studies » Sickness » 2014/15 - Specified Disability: Depression


Specified Disability: Depression

Background: The appellant, aged 44 years, had been in receipt of Illness Benefit for two years when his entitlement ended (as payment is made for two years only where claims are made following legislative changes implemented with effect from January 2009).  He continued to submit medical certificates on a six-monthly basis, as before, and made a claim for Disability Allowance.  That claim was disallowed and he made an appeal, which was determined by way of summary decision.

Comment/Conclusion: The Appeals Officer noted the medical evidence submitted.  He noted that the G.P. had completed the ability/disability profile, assessing the appellant as being severely affected in ten of the categories outlined.  He noted also that the G.P. had indicated that he would not regard the appellant as being suitable for rehabilitative or occupational therapy purposes and that there would be health and safety issues in relation to any employment or training in which he might be required to engage.  He attributed these restrictions to on-going medical issues.  In addition, the Appeals Officer took account of evidence submitted which indicated that the appellant had low energy, was unable to focus or concentrate, had poor listening skills, suffered from loss of memory and from reactive depression.  Finally, and having particular regard to the fact that his G.P. had strongly opined that it would be unsafe for the appellant to attempt to return to any place in the workforce, he concluded that the appeal must succeed.

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 he meets the qualifying medical conditions.  In the circumstances, the appeal is allowed.