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Severe Discomfort v Significant Discomfort 7 years 6 months ago #98459

I was reading some advice about avoiding using the words "severe discomfort" but instead use the words "significant discomfort".

I know the WCA handbook mentions "significant discomfort" when mobilising.

Any guidelines or UT cases about this? What is significant discomfort?!

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Last edit: by Gordon.

Severe Discomfort v Significant Discomfort 7 years 6 months ago #98460

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MSCarer wrote: I was reading some advice about avoiding using the words "severe discomfort" but instead use the words "significant discomfort".

I know the WCA handbook mentions "significant discomfort" when mobilising.

Any guidelines or UT cases about this? What is significant discomfort?!


The phrase "significant discomfort" is what is used in the legislation, there is no clear definition of what this means, and the only UT clarrification is that significant discomfort is less than significant pain.

Gordon

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

Severe Discomfort v Significant Discomfort 7 years 6 months ago #98462

So is "significant discomfort" applicable to all the physical activities on ESA50 form?

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Last edit: by Gordon.

Severe Discomfort v Significant Discomfort 7 years 6 months ago #98467

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MSCarer wrote: So is "significant discomfort" applicable to all the physical activities on ESA50 form?


The phrase is used specifically in the Mobilising test (question 1), and the the Standing and Sitting test (question 2), but it is reasonable to take it into account for the other tests where discomfort would be a factor.

I am reasonably sure that there is case law on the subject, but cannot remember the reference, however, this suject is documented in the Decision Makers Guide

42175
The test of whether a claimant cannot perform an activity is not whether or not they are physically incapable of performing it. Matters such as pain, discomfort and repeatability are taken into account. A claimant is not capable of carrying out an activity if they can only do so with severe pain or, if having done it once, they are unable to repeat it for hours or days. The extent of a claimant’s ability to repeat the activity in a single stretch and of the intervals at which the claimant would be able to repeat the performance should be identified. A decision can then be made on whether the claimant can perform the relevant descriptor with reasonable regularity.

It is also covered in the ESA Claim Guides.

Gordon

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Last edit: by Gordon.
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