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ESA50 and Stepping Repeatedly
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11 years 2 months ago - 11 years 2 months ago #97814 by MSCarer
ESA50 and Stepping Repeatedly was created by MSCarer
The WCA handbook (page 68) states that when considering the concept of "repeatedly" it should be considered what an individual who did not have an impairment could do.
I would personally expect an individual without any impairment to repeatedly go up and down 2 steps for anywhere between 15-30 mins and even longer!
Therefore, is it wise to refer specifically to what it states in the WCA handbook about comparing a disabled person against the WCA's non-impaired person? For example if I wrote something like:
"As it states in the WCA handbook when looking at "repeatedly" and comparing myself to a non-impaired" individual, I would expect that a non-impaired individual to be able to repeatedly and safely go up and down 2 steps for at least 15-30 minutes without a rest and that their recovery would be anywhere between 5 to 10 minutes. Therefore in comparing what I can to this non-impaired individual I clearly cannot do it repeatedly or safely"
Or words to that effect.
I would personally expect an individual without any impairment to repeatedly go up and down 2 steps for anywhere between 15-30 mins and even longer!
Therefore, is it wise to refer specifically to what it states in the WCA handbook about comparing a disabled person against the WCA's non-impaired person? For example if I wrote something like:
"As it states in the WCA handbook when looking at "repeatedly" and comparing myself to a non-impaired" individual, I would expect that a non-impaired individual to be able to repeatedly and safely go up and down 2 steps for at least 15-30 minutes without a rest and that their recovery would be anywhere between 5 to 10 minutes. Therefore in comparing what I can to this non-impaired individual I clearly cannot do it repeatedly or safely"
Or words to that effect.
Last edit: 11 years 2 months ago by Gordon.
The following user(s) said Thank You: MariW
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11 years 2 months ago #97818 by Gordon
There is no legal definition of what constitutes repeatability, so you are free to argue your case as you wish, certainly referring to expectations of what a healthy person could do is reasonable.
WCA Handbook is not a legal document although it's content is agreed by the DWP prior to publication, so it does not act as a definitive source on the matter, but I cannot see any harm in referencing it, especially as it sets a an expectation of how an ATOS HCP would view a claimant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 and Stepping Repeatedly
MSCarer wrote: The WCA handbook (page 68) states that when considering the concept of "repeatedly" it should be considered what an individual who did not have an impairment could do.
I would personally expect an individual without any impairment to repeatedly go up and down 2 steps for anywhere between 15-30 mins and even longer!
Therefore, is it wise to refer specifically to what it states in the WCA handbook about comparing a disabled person against the WCA's non-impaired person? For example if I wrote something like:
"As it states in the WCA handbook when looking at "repeatedly" and comparing myself to a non-impaired" individual, I would expect that a non-impaired individual to be able to repeatedly and safely go up and down 2 steps for at least 15-30 minutes without a rest and that their recovery would be anywhere between 5 to 10 minutes. Therefore in comparing what I can to this non-impaired individual I clearly cannot do it repeatedly or safely"
Or words to that effect.
There is no legal definition of what constitutes repeatability, so you are free to argue your case as you wish, certainly referring to expectations of what a healthy person could do is reasonable.
WCA Handbook is not a legal document although it's content is agreed by the DWP prior to publication, so it does not act as a definitive source on the matter, but I cannot see any harm in referencing it, especially as it sets a an expectation of how an ATOS HCP would view a claimant.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 2 months ago #97819 by MSCarer
Replied by MSCarer on topic ESA50 and Stepping Repeatedly
Thanks Gordon - just an aside for anyone else looking at the question on going up or down 2 steps the pressure on the knee is immense (I think anywhere from 3-8 times of body weight is placed on the knee) and so if you suffer from muscle weakness or weak hips and quads and bad gait this worsens the problem and clearly makes it unsafe or difficult to repeat.
I am currently searching the web for a printable evidence sheet on this to enclose.
I am currently searching the web for a printable evidence sheet on this to enclose.
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