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Caselaw has confirmed that drug dependancy or alcohol dependency may count as 'specific disease or bodily or mental disablement' and therefore towards passing the medical tests associated with ESA. For drug dependancy, the clients' condition needs to be classed as not mild but moderate / severe criteria in the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association (DSM IV). 'substantial risk' is often a key argument.

Click on the cases- drug dependancy- Upper Tribunal - 2016 UKUT 100 AAC CE 1402 2015 alcohol dependancy- Upper Tribunal 2013 UKUT 37 AAC CSE 496 2012 

 

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