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ESA: Old Descriptors v. New descriptors (at Appeal

  • Andy
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12 years 10 months ago #56557 by Andy
@kittykit

Thanks for that. The bit that follows is interesting too.

"The healthcare professionals conducting Work Capability Assessments are trained in disability analysis and are given particular training in assessing fluctuating conditions. They are expected to be mindful of the fact that many illnesses produce symptoms that vary in intensity over time from mild to severe, and are instructed not to base their opinion solely on the situation as observed at the medical assessment."

All I can say is: Not the one who assessed me.

Good luck with your application.

Andy

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12 years 10 months ago - 12 years 10 months ago #56559 by Derek4
Hi Andy

The tribunal will only consider the old WCA as this was in force at the time of the decision. As far as variable and fluctuating conditions are concerned, it shouldn't make too much difference. As already mentioned the new form has not introduced a new approach but made clearer the approach that has already been accepted.

Regards

Derek
Last edit: 12 years 10 months ago by Derek4. Reason: typo

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12 years 10 months ago #56561 by Gordon
Andu

Here are some refernces for the old tests that might be of help.

E.1 The Employment and Support Allowance Regulations 2008

PART 5 LIMITED CAPABILITY FOR WORK

27. Claimant to be treated as having limited capability for work throughout a day

A claimant who at the commencement of any day has, or thereafter develops, limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work throughout that day.

www.legislation.gov.uk/uksi/2008/794/regulation/27/made

E.2. Employment and Support Allowance ESA214 – The Work Capability Assessment

Page 13 - The medical assessment

The approved healthcare professional will also consider the effects of the condition on the customer for the majority of the time, so that the opinion will not be based on a snapshot of their condition on the day of the medical assessment.

www.direct.gov.uk/prod_consum_dg/groups/...lasset/dg_177366.pdf

E.3. Decision Makers' Guide

Volume 8 – Employment and Support Allowance

Chapter 42 - Limited Capability for Work and Limited Capability for Work-Related Activity

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.

www.dwp.gov.uk/docs/dmgch42.pdf

Gordon

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