“Lost and altered consciousness” – a headache for many

Abstract

PurposeThis is the second instalment of a two‐part paper that aims to consider the assessment criteria for incapacity benefit (IB) and employment and support allowance (ESA) and to analyse how this benefit applies to claimants who are unable to work because they experience episodes of lost or altered consciousness.Design/methodology/approachIn the first part of the paper, which featured in Social Care and Neurodisability, Vol. 2 No. 1, the authors considered the legal meaning of lost or altered consciousness and explained how the IB/ESA appraisal and appeals system operates. This second instalment gives practical guidance to advisers who are assisting their clients in applying for ESA and appealing negative decisions to the tribunal (given its ever increasing importance, this paper focuses on ESA; however, the same considerations apply to IB cases).FindingsThe paper highlights the complexities and limitations of the benefit system for those suffering with lost and altered consciousness.Practical implicationsAdvisers need to think laterally when assisting their clients.Originality/valueThe paper should provide a useful reference point for advisers.