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TOPIC: Either Arm?

Re:Either Arm? 6 years 4 months ago #63814

originaldave wrote:

ok I get you :) now this is a serious question what happens say if someone on getting up has no feeling in the hands for the first hour ?

Let me switch tests, as the Picking Up and Moving test does not require the use of hands.

The Manual Dexterity test, I always think this is one of the ones that was dropped in March, so you were right :)

I've no idea whether the following can be sucessfully be argued, but bear with me.

If you are unable to press a button, turn the pages of a book, or pick up a £1 coin with either hand, you would score 15 points and be found to have Limited Capability for Work (LCW).

Now the DWP might say that your restriction is only for an hour a day and does not recur, so you cannot argue the majority of the time or repeatability. However, the following might override this.

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

Based on you description, at the beginning of the day, you cannot perform the Manual Dexterity test, you therefore would score 15 poiints at that time, resulting in you having LCW.

What do you think?

Gordon

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

Re:Either Arm? 6 years 4 months ago #63817

  • originaldave
Gordon wrote:

originaldave wrote:

ok I get you :) now this is a serious question what happens say if someone on getting up has no feeling in the hands for the first hour ?

Let me switch tests, as the Picking Up and Moving test does not require the use of hands.

The Manual Dexterity test, I always think this is one of the ones that was dropped in March, so you were right :)

I've no idea whether the following can be sucessfully be argued, but bear with me.

If you are unable to press a button, turn the pages of a book, or pick up a £1 coin with either hand, you would score 15 points and be found to have Limited Capability for Work (LCW).

Now the DWP might say that your restriction is only for an hour a day and does not recur, so you cannot argue the majority of the time or repeatability. However, the following might override this.

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

Based on you description, at the beginning of the day, you cannot perform the Manual Dexterity test, you therefore would score 15 poiints at that time, resulting in you having LCW.

What do you think?

Gordon


Thanks...........

I think that covers my question, as the start of the day is when someone wakes up and thats when the hands dont work :silly: its something new thats happening and in the big picture of things its very minor :laugh: but points all count :)


(I can't belive I just posted its minor but it is) :laugh:

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Re:Either Arm? 6 years 4 months ago #63842

I think filling this ESA50 in has fried my brain as I just don't know if I should be saying that this damage I have done recently (accident caused by one of my chronic conditions) to my elbow is in my dominant arm?

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