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"hold a pen" descriptor

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14 years 3 weeks ago #32959 by winterchild
"hold a pen" descriptor was created by winterchild
Hi,

I was wondering how this descriptor would treat a learning disabled person who can physically hold a pen, and even slowly produce a rote-learned signature of sorts, but who can't read or write.

The same would apply to the keyboard test. She could physically tap the keys well enough, but not be able produce words on the screen or understand them if she did.

Any thoughts? Thanks in advance.

w.

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14 years 3 weeks ago #33001 by Crazydiamond
Replied by Crazydiamond on topic Re:"hold a pen" descriptor
Having read the descriptor, it clearly refers to physical capacity as opposed to mental, intellectual or cognitive functions.

If a person can physically hold a pen or physically operate a computer keyboard, then it is likely they would not satisfy this descriptor, irrespective of their mental capacity.

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

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14 years 3 weeks ago #33071 by winterchild
Replied by winterchild on topic Re:"hold a pen" descriptor
Hmm, I had a feeling that might be the case. Thanks for your input.

All the best,
w.

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14 years 3 weeks ago #33074 by DRAGON2009
Replied by DRAGON2009 on topic Re:"hold a pen" descriptor
It is a physical descriptor, mental/cognitive not tested by this one

But

caselaw does suggest that if a person cannot perform a task reliably and repeatedly they should be treated as not being able to do it at all

A person with carpel tunnel might be OK for a few minutes and then crippled the rest of the day, as an example.

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