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TOPIC: WCA (UC): Fatigue

WCA (UC): Fatigue 1 month 22 hours ago #238712

If one suffers from fatigue such that, after being awake for up to no more than around four hours, one needs to sleep for half an hour, or needs to kip multiple times throughout the day, which descriptor in the WCA (UC) accounts for this?
The following user(s) said Thank You: Yan

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WCA (UC): Fatigue 4 weeks 2 days ago #238765

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

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

WCA (UC): Fatigue 4 weeks 2 days ago #238818

Gordon,
Yes, I have read the guides. After reading the guides, it seemed that fatigue is effectively irrelevant for a WCA but I wanted to confirm if this is the case.
Thank you.

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WCA (UC): Fatigue 4 weeks 1 day ago #238825

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
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Last edit: by Gordon.

WCA (UC): Fatigue 1 week 2 hours ago #240037

Does WCA use the same Reliability criteria as in PIP? For example, if one cannot complete an acitivity within twice the length of time it takes a person without the disability, then would the "within a reasonable time" condition not be satisfied? I cannot see explicit Reliability criteria in the WCA handbook. It seems to be more vague and subjective than for PIP.

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WCA (UC): Fatigue 6 days 23 hours ago #240047

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

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