Faulty physical examination.

Hi. Daughter has ESA Tribunal next week. I am not new to representing at Tribunal. Putting this here in case anyone has similar experiences. Her musculo skeletal exam was carried out by passive movement ..she was not asked to move any limbs herself. Work Capability Handbook states the examination must. NEVER be done this way. Looks to me like her right to a competent examination was horribly compromised. Other things wrong too. As my physio say you could move a quadraplegic's limbs by lifting them..it tells nothing. Interested to hear of others experiences. How often is this happening?

Yes I have Gordon. We are talking about a girl who cannot even use her hands to write properly she has had to word process since age 5 and with x ray evidence too. It is just contrary to natural justice as Decision Maker fed duff facts.
Best Wishes...I should say she has a load of other stuff going on too. We have physio reports ..proper evaluation of range of movement etc.

Thanks Gordon....the biggest issue is her lack of mobility which they.accept but say could be mitigated by a self propel wheelchair. There is no way she can self propel due to a combination of joint , muscle and heart problems. If they can accept this at full value I will be very pleased.
Thank you for your help.