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ESA Getting around safely

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5 years 3 months ago #225466 by terry37
ESA Getting around safely was created by terry37
Are there reasons why on ESA50 Q8. 'Getting around safely' applies to claimants with visual loss only? My friend, who is deaf, experiences many problems with traffic and crossing roads. She also has some spatial awareness issues which often cause her to step out into oncoming traffic if there is no controlled crossing point on her route. Can she record her 'Getting around safely' issues within that space or will it just be ignored as her vision is not impaired?
Thanks in anticipation for any advice on this.

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5 years 3 months ago #225515 by Gordon
Replied by Gordon on topic ESA Getting around safely
Terry

The Descriptors refer to "sensory impairment" but everything I can find in relation to this activity refers only to visual impairment, there may be documents from when the Descriptors were originally written that limits it to just this.

Al they can do is document their problems and see what happens but I think they are going to struggle to score.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: terry37

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5 years 3 months ago #225825 by terry37
Replied by terry37 on topic ESA Getting around safely
Thanks for reply, Gordon.
I have since asking seen this article on 'ESA: sensory impairment activities guidance' from Disability Rights UK (2014) which says DMG Memo 7/14 advises that where an ESA claimant has impaired vision and/or hearing, the DM should consider if any of the LCW descriptors in:
Activity 7-Activity 8 apply as both these activities are designed to assess the functional ability of people who have difficulties with sight and/or hearing due to sensory impairment
apply as both these activities are designed to assess the functional ability of people who have difficulties with sight and/or hearing due to sensory impairment.
www.disabilityrightsuk.org/news/2014/mar...-activities-guidance

Maybe this guidance has been over-ruled since...
Mind you, other Govt descriptions (non DWP related) of 'sensory impairment' also clearly identify deafness, especially from birth, as being a sensory impairment/disability in the same way as visual impairment/blindness.

However, I agree with you that my friend will struggle to score... :(

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5 years 3 months ago #225836 by Gordon
Replied by Gordon on topic ESA Getting around safely
Terry

The link on the DR page does not seem work and I've gone back over the Case Law and current DWP guidance and there is no mention of hearing problems being included in this activity.

I sent an email to Steve to see if he knows anything about it.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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