WCA (UC): Fatigue

Bertie

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

I'm afraid you will not score for this, none of the ESA activities matches this problem.

Have you looked at our ESA Claim guide?

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon1

Bertie

Fatigue is not irrelevant but you must relate it to the ESA activities so as an example; do you have problems with completing the Moving Around activity due to your fatigue.

Gordon

Bertie

No and yes, if that has not confused you.

For PIP the reliability criteria are written into the PIP legislation for ESA they are applied through Case Law, as a result, they are less well defined so using your example; they don't specifically say that it has to take twice as long but you could argue that taking twice as long was unreasonable time for an activity to take.

Also, the PIP legislation sees no differential between the activities, all of the reliability criteria apply equally to all of the activities, for ESA the Case Law is often specific to an acitvity, that does not mean that you cannot argue that it applies to others as well but it will work better with some than with others.

Gordon