Wheelchair mobilising

Excerpt from WCA Handbook October 2011 - Page 11


The analysis of the data established that the WCA (ESA regulations 2008) was accurately identifying a person’s capability for work. However; it was felt that:

there were areas of the assessment where the ability to adapt to a condition was not fully taken into account.

that the inclusion of the concept of “adaptation” would result in a more accurate reflection of the individual’s functional capability

that there was scope to further simplify some of the descriptors to ensure transparency of the process for claimants and ensure that HCPs and Decision makers are able to clearly identify the applicable descriptor in each case.

In addition to the internal WCA review, a further technical review was undertaken with representatives of the specialist disability groups and technical experts. This group considered that the impact of fluctuating conditions and the inability to complete tasks safely, reliably and repeatedly due to the effects of exhaustion needed further emphasis in the descriptors.

The main recommendations included:

Lower Limb Function

]n this area, it was felt that the 2008 activities did not accurately reflect the level of function required for the modern workplace. As a result “walking” has been changed to “mobilising” to reflect the functionality of wheelchair users. [/b]It was also felt that considering standing and sitting abilities as separate entities was not relevant in the modern workplace and the new activity relates to the ability to remain at a workstation. In the 2008 descriptors, bending and kneeling were considered, however the ability to bend or kneel are no longer considered critical in the modern workplace, so this activity has been removed.

Clearly the wheelchair inclusion was to give wheelchair users a similar test for mobilising as those with limited walking ability. It clearly was not the intent of legislation to put people in wheelchairs who did not need them.

Anyone else have any views on this given what their own handbook says?

thefboy wrote:

Excerpt from WCA Handbook October 2011 - Page 11


The analysis of the data established that the WCA (ESA regulations 2008) was accurately identifying a person’s capability for work. However; it was felt that:

there were areas of the assessment where the ability to adapt to a condition was not fully taken into account.

that the inclusion of the concept of “adaptation” would result in a more accurate reflection of the individual’s functional capability

that there was scope to further simplify some of the descriptors to ensure transparency of the process for claimants and ensure that HCPs and Decision makers are able to clearly identify the applicable descriptor in each case.

In addition to the internal WCA review, a further technical review was undertaken with representatives of the specialist disability groups and technical experts. This group considered that the impact of fluctuating conditions and the inability to complete tasks safely, reliably and repeatedly due to the effects of exhaustion needed further emphasis in the descriptors.

The main recommendations included:

Lower Limb Function

]n this area, it was felt that the 2008 activities did not accurately reflect the level of function required for the modern workplace. As a result “walking” has been changed to “mobilising” to reflect the functionality of wheelchair users. [/b]It was also felt that considering standing and sitting abilities as separate entities was not relevant in the modern workplace and the new activity relates to the ability to remain at a workstation. In the 2008 descriptors, bending and kneeling were considered, however the ability to bend or kneel are no longer considered critical in the modern workplace, so this activity has been removed.

Clearly the wheelchair inclusion was to give wheelchair users a similar test for mobilising as those with limited walking ability. It clearly was not the intent of legislation to put people in wheelchairs who did not need them.

Anyone else have any views on this given what their own handbook says?

Hi tfb,

The issue of "The Imaginary Wheelchair" and the other issues that you mention are covered in the relevant sections of our :

Employment and Support Allowance claims on physical health grounds: a guide to the work capability assessment. Updated July 2012
This is a fully comprehensive guide to the assessment procedure for the work-related activity group and the support group on physical grounds. (70 pages)

Which is accessible from this link :

ESA Guides

bro58

You might like to look at this

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=87202

Thanks MrsHurtyback,

I assume this guidance was issued as a result of a ruling by Judge Levenson, of which I am aware.

It is still apparent though from their own handbook that the inclusion of the wheelchair test was for wheelchair users only, not for them to place people they think should have wheelchairs in them.

The other issue of course is in what way are they qualified to put people in wheelchairs and who is liable if a persons health suffers because of their insistence.

Normally and reasonableness seem to be the key issues however.

It also seems apparent that it is impossible to gain 15 points for walking as if you qualify, they simply put you in a wheelchair.

It is possible I was given 15 points for the mobilising descriptor you just have to defend your case that is it not suitable for you to a wheelchair. In my case it was because of several health issues which made it unsafe for me to use a wheelchair and this was backed up with medical evidence.

Any way to prove that you are too tired to "mobilise" in your wheelchair for more than 50m? Or do you just have to hope they believe you?

Can they just tell you to go lift weights for 6 months and you'll be fit for work?