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Standing sitting reaching
- Steveyboy
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8 years 1 month ago #152590 by Steveyboy
Standing sitting reaching was created by Steveyboy
Hi everyone, I wonder if anyone can spare some time to advise me. Had WCA scored zero points suprise suprise and I am preparing a MC. Advised that did not answer how long I could sit or stand for. I actually said 'a very short time' in both cases (had session recorded so 100% sure). I now realise that they were probably looking for a definitive time in minutes but my question is: if this is such a crucial piece of required information should the question not be asked again to determine a suitably measured answer ?
And second question-sorry to go on so- requires a quote which is ' Whilst his shoulder abductions were reduced to 90 degree he has well developed muscles and there was no evidence to indicate significant limitation of his ability to raise his arms'. I can raise my arms above my head but it's painful and at the wca i explained this and doc stopped me from pushing my arms up past shoulder height as it was so obviously causing me pain. Now I realise that they must see a lot of pretenders but this makes no sense to me unless they mean that there is no written evidence from medical professionals regarding this limitation ? Open to interpretation I suppose but I would be grateful for and members or moderaters thoughts on the matter as woukd like to succeed at MC stage if possible.
Thanks and best regards to all.
And second question-sorry to go on so- requires a quote which is ' Whilst his shoulder abductions were reduced to 90 degree he has well developed muscles and there was no evidence to indicate significant limitation of his ability to raise his arms'. I can raise my arms above my head but it's painful and at the wca i explained this and doc stopped me from pushing my arms up past shoulder height as it was so obviously causing me pain. Now I realise that they must see a lot of pretenders but this makes no sense to me unless they mean that there is no written evidence from medical professionals regarding this limitation ? Open to interpretation I suppose but I would be grateful for and members or moderaters thoughts on the matter as woukd like to succeed at MC stage if possible.
Thanks and best regards to all.
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- Gordon
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8 years 1 month ago - 8 years 1 month ago #152619 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Standing sitting reaching
Steveyboy
Welcome to the forum.
The Standing and Sitting Descriptor looks at the claimants ability to remain at a workstation either standing or sitting, points are awarded based on the time that this can be done for. The key phase is "remain at a work station", the claimant can move from a seated position to a standing one and back as many times as they need, the clock only stops when they need to move away.
Whilst you can ague that the assessor should have investigated further if your ESA50 did not suggest any need to move away from the workstation they may have assumed that your did not need to and scored you appropriately.
There is no legal requirement for the ESA activities to be performed without pain, however, you can reasonably argue that if you feel significant discomfort or worse when raising your arms that you should be considered as being unable to do it, you will need to show that this is the case for the majority of the time, the activity also needs to be repeatable.
Gordon
Welcome to the forum.
The Standing and Sitting Descriptor looks at the claimants ability to remain at a workstation either standing or sitting, points are awarded based on the time that this can be done for. The key phase is "remain at a work station", the claimant can move from a seated position to a standing one and back as many times as they need, the clock only stops when they need to move away.
Whilst you can ague that the assessor should have investigated further if your ESA50 did not suggest any need to move away from the workstation they may have assumed that your did not need to and scored you appropriately.
There is no legal requirement for the ESA activities to be performed without pain, however, you can reasonably argue that if you feel significant discomfort or worse when raising your arms that you should be considered as being unable to do it, you will need to show that this is the case for the majority of the time, the activity also needs to be repeatable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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