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Case Studies » Sickness » Disability Allowance - Case from 2017 Annual Report (ref: 2017/18)

Background: The appellant, in his mid-50s, had a diagnosis of Crohn’s disease, colitis and bowel obstruction and applied for Disability Allowance in March 2017. He was disallowed on medical grounds. The ability/disability profile completed by the appellant’s GP stated that the appellant was moderately to severely affected by his condition in the area of continence. He was moderately affected in the area of reaching, manual/dexterity, lifting/carrying, bending/ kneeling/squatting, sitting/rising, standing, climbing stairs/ladders and walking. The appellant’s condition started in 2014 and the GP indicated that it was unclear how long the condition would last. The appellant had had several hospital admissions, and underwent surgery in the summer of 2017. He had been prescribed multiple medications for his condition.

Consideration: The Appeals Officer examined the question as to whether the appellant’s medical condition could be held to be a substantial restriction in carrying out suitable employment and, if so, whether this had continued or might reasonably be expected to continue for a period of at least one year, in accordance with the legislation. She concluded that the appellant was suffering from a substantial restriction in carrying out suitable employment and that, as this condition had lasted for approximately three years at the time of the application and that as his symptoms had not settled and he had had recent surgery, it could be reasonably expected to continue for the foreseeable future.

Outcome: Appeal allowed.