Hi axab43
The Upper Tribunal Judge in the case below stated that " always " can be construed as meaning every day but not every moment and not the majority of the time.
Always precluded
The Upper Tribunal (in CE/3939/2013) considered the meaning of the word ‘always’. In that
case, the Judge highlighted that satisfying a test within ESA for part of a day means that test
if met on that day. He concluded that ‘always’ “can be read as meaning “every day” but not
“every moment”. He rejected the idea that ‘always’ means ‘for the majority of the time’
because people who have difficulties for the majority or the time are covered by descriptor
16(c).
Another Judge agrees (in CE/4125/2012) and states that ‘always precluded’ should consider
the claimant’s ability to engage with others in any context (whether ‘social’ or otherwise), the
distress it causes and the impact of distress on their ability to engage socially.
David
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