Is falling asleep being unconscious ?

Gordon wrote:

confused13 wrote:

Sorry only just posted my first post and now expressing an opinion I have sleep aponea and having other test for fatigue. The dvla heard about me nodding off about 3 times a day and said they wanted my licence back as i was not in a concious state to drive, I dont now due to surgery but at the mo still retain the licence, my point is if I cant drive due to this how come it might not be considered for a "state of unconscousness" the govt: cant have its cake and eat it as they say. IMHO.

It is important to remember that the intent if the ESA tests is to find you fit for work, not necessarily fit to perform a certain job.

So whilst the condition you describe would certainly prohibit you from driving and opertaing machinery, it may not be seen as preventing you working in an office.

Gordon

you should of course argue your postion, but in this type of case many people have argued what is unconscious from a legal point of view .. for many reasons and Unconsciousness is when a person is unable to respond to people and activities. Often, this is called a coma or being in a comatose state.

Other changes in awareness can occur without becoming unconscious. Medically, these are called "altered mental status" or "changed mental status." They include sudden confusion, disorientation, or stupor.

but if you are asleep regardless of how fast it came on if someone shouts wake up you can

regards driving they are not taking into account anything other than you not being in control of the car .. and if you asked dvla for how they saw the state of your mind I doubt they would say you are unconscious as you say you fell asleep

I was just looking through my partners notes that the community legal advice have sent to the Tribuneral service about my partners severe sleep apneoa, the adviser is asking if sleep apneoa can be considered as unconscious and if so be awarded the points for this.
I cant imagine anyone given a job in an office, my partner for instance would be asleep more than working.

Sleep deprivation is used as a form of torture.Sleep apnea has the same results.
Lack of sleep causes alsorts of symptoms.

Nodding off due to a few late nights or burning the candle at both end is not the same. No matter how early you go to bed. Without a CPAP machine I cannot function.

Rob

My partner also uses a machine at night, he still nods off during the day many times, sometimes were in mid conversation, doesn't say much for my conversation skills
He even falls asleep at the hospital when consultants are talking to him.

How many employers would put up with an employer falling asleep throughout the day?