Table 3 - Mental disorders(*)
Table 3 - Mental disorders(*)
Item | Column (a) | Column (b) |
Level | Description of injury and its effects (“descriptor”) | |
A1 | 4 | Permanent mental disorder causing very severe functional limitation or restriction(aa) |
1 | 6 | Permanent mental disorder, causing severe functional limitation or restriction(a) |
2 | 8 | Permanent mental disorder, causing moderate functional limitation or restriction(b) |
3 | 10 | Mental disorder, causing functional limitation or restriction, which has continued, or is expected to continue for 5 years |
4 | 12 | Mental disorder, which has caused, or is expected to cause functional limitation or restriction at 2 years, from which the claimant has made, or is expected to make, a substantial recovery within 5 years |
5 | 13 | Mental disorder, which has caused, or is expected to cause, functional limitation or restriction at 26 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 2 years |
6 | 14 | Mental disorder, which has caused or is expected to cause, functional limitation or restriction at 6 weeks, from which the claimant has made, or is expected to make, a substantial recovery within 26 weeks |
(*) In assessing functional limitation or restriction in accordance with article 5(6) account is to be taken of the claimant’s psychological, social and occupational function.
(*) Mental disorders must be diagnosed by a clinical psychologist or psychiatrist at consultant grade.
(aa) Functional limitation or restriction is very severe where the claimant’s residual functional impairment after undertaking adequate courses of best practice treatment, including specialist tertiary interventions, is judged by the senior treating consultant psychiatrist to remain incompatible with any paid employment until state pension age.
Functional limitation or restriction is severe where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness and over time able to work only in less demanding.jobs.
Functional limitation or restriction is moderate where the claimant is unable to undertake work appropriate to experience, qualifications and skills at the time of onset of the illness but able to work regularly in a less demanding job.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the First-tier Tribunal made on 25 April 2023 under case number AFCS/00735/2020 does not involve any material error of law
- The subject matter of this appeal to the Upper Tribunal
- A bare outline of the course of the appeal
- The Upper Tribunal oral hearing of the appeal
- A summary of the Upper Tribunal’s decision
- The factual background to this appeal
- Table 3 - Mental disorders(*)
- The consultant psychiatrist’s 2017 report
- The Secretary of State’s decision
- The First-tier Tribunal’s decision
- The Upper Tribunal’s grant of permission to appeal
- The test for permanence
- The Appellant’s grounds of appeal
- The Respondent’s response
- Analysis
- Ground 1
- Ground 2
- Ground 3
- Ground 4
- Conclusions
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