Query re help from another person to sit or stand

nofuss wrote:

I'm getting myself confused with regard to the question about sitting and standing on the ESA form. It asks, 'Can you stay in one place, either standing or sitting, for at least an hour without help from another person?'

What if you can't stay in one place either sitting or standing for an hour but you don't need someone to help you because you use a stick or a rollator or the furniture to lean on in order to move from one position to another instead of having to lean on or be supported by another person? In such circumstances would you have to answer 'yes' to the question (because you rely on on disability aids rather than a person) and just go on to describe your sitting and standing difficulties in the box that follows? (Am I right to presume that some notice would be taken of what you write in that box because it doesn't say next to the 'yes' box 'now go to question 3'?)

Thanks for any advice that anyone can offer.

Hi nofuss

I'll answer your last question in the parentheses. Atos HCPs and decision makers are obliged to read and consider all of the written evidence you provide regardless of what boxes you ticked, as are a tribunal. If the Atos HCP is unclear whether you claim to have a problem with a particular activity their guidance advises them to clarify before the assessment takes place.

The following isn't advice but just my own thoughts, which apply to all the activities on the ESA50, not just the one that you mentioned.

If you are in two minds whether to tick a 'yes' or 'no' box, you probably either fully understand the descriptor and feel that you are a borderline case, or you don't understand the descriptor. The problem is that if you tick the box that does not score points you perceive that you are claiming not to have problems with the activity and that the HCP may feel the same way. In such a situation I see nothing wrong with ticking the box that scores points and giving a detailed explanation that allows the HCP/decision maker/tribunal to decide.

Completing an ESA50 honestly involves giving accurate and reliable information that you know is correct to the best of your knowledge, but when it comes to ticking 'yes' or 'no' boxes to answer ambiguous questions that even benefit experts don't understand, I believe the chosen tick box is not as important as the written information you provide.

Regards

Derek

Many thanks for your reply, Derek - I greatly appreciate you taking the time and trouble. You sum up the situation - and my dilemma - so beautifully...It was therefore a bit of a relief to read your thoughts on this matter. (I was chasing myself around a bit in circles!)

I have decided to tick 'no' and give more detail in the box provided.

Thanks once again, you've helped me get my head around things.

Kind regards,

Nofuss

I think a problem with tick boxes is that they push you into a category that doesn't apply and can give a wrong impression to the DM's advantage. What I allways do is refuse to tick a box and write "NONE OF THESE BOXES ACCURATELY DESCRIBE MY CONDITION" and then accuratelly describe it.
Regards
Peter

Thanks, Peter. That sounds like a good idea. (I suppose one could say that they kind of set a precedent for this on the DLA form - If I remember correctly, at least one of the questions actually says to do as you describe.)