I have just been referred a client suffering from renal failure who is awaiting a transplant. He is currently on dialysis 3 nights a week. He had a medical a couple of months ago for his IB claim but was found fit for work, he scored 0 points.

I checked the regs and it looks like you are only considered automatically incapable for work on the days when you have dialysis (As it doesnt mention night time dialysis Im assuming this does not come under this). THe other days when not on dialysis you have to satisfy the PCA.

The problem Im having is finding points, the current PCA does not really adequatly cover the difficulties he has. He feels permanently tired, stating if he allowed himself to he could sleep all day. He can also suffer pains in his legs and swelling however this is intermittent. He doesnt eat much which doesnt help with the lethargy. He also is susceptable to infections.

Does anyone have any advice on this? Have people had similar difficulties?

Remeber that there are the exceptional circumstances so someone can be treated as incable of work even if they do not score enouth points - will the transplant be likely to happen in the next 3 months after the medical and get medical evidence of this. Althernatively agrue that due to the risk of infections his health is at substantial risk if he was found capable of work.

Hope this helps