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TOPIC: Standing/sitting Descriptor

Standing/sitting Descriptor 6 years 9 months ago #67191

  • The Thing
What points would you score if any in the Standing/Sitting descriptor for ESA if someone could say sit for only 30mins and stand for only 10mins.

Re:Standing/sitting Descriptor 6 years 9 months ago #67198

Hi headinawheelchair

According to the advice that Atos HCPs are given, you may score zero points if you can alternate between standing and sitting for an hour.

The guides suggest that this is an incorrect interpretation of the law. In the example you gave, if the claimant cannot sit for more than 30 minutes I would expect him to score 9 points for descriptor 2(b), otherwise 6 points for 2(c). Being able to stand for only 10 minutes may not be significant if he can sit for longer.

At least that's my understanding of these dreadful descriptors!

Regards

Derek

Re:Standing/sitting Descriptor 6 years 9 months ago #67200

  • The Thing
Derek4 wrote:

Hi headinawheelchair

According to the advice that Atos HCPs are given, you may score zero points if you can alternate between standing and sitting for an hour.

The guides suggest that this is an incorrect interpretation of the law. In the example you gave, if the claimant cannot sit for more than 30 minutes I would expect him to score 9 points for descriptor 2(b), otherwise 6 points for 2(c). Being able to stand for only 10 minutes may not be significant if he can sit for longer.

At least that's my understanding of these dreadful descriptors!

Regards

Derek


What interpretation of the law does a panel at a tribunial use,is it what they think of how it should be interpretated.

Re:Standing/sitting Descriptor 6 years 9 months ago #67204

  • michaelg
Hi headinawheelchair

The Tribunal Service is independent of the DWP, they will listen to both sides, weigh up the evidence, use any caselaw or previous decisions apply the law as they see it and make their decisions based on the facts before them.

Please make full use of the resources in the orange member only section, on Appealing to a Tribunal.

Kind regards

Michael

Re:Standing/sitting Descriptor 6 years 9 months ago #67214

Hi headinawheelchair

As Brizboi says, the tribunal is independent and will not be basing their interpretation of the descriptors on the information given to Atos HCPs, but will look at the wording of the law. Because the WCA is new and there won't be any case law for the new descriptors for a few months it's up to a tribunal judge to interpret the law as he/she believes it is intended.

When appeals begin to reach the Upper Tribunal over the next few years we should have better guidance on the new descriptors.

Regards

Derek

Re: Standing/sitting Descriptor 6 years 9 months ago #67246

"...you may score zero points if you can alternate between standing and sitting for an hour"
Consideration needs to be given to what you'd been doing in the immediately preceding few hours and possibly the day before too. In other words, can you sit and stand safely and repeatedly hour after hour after hour? If not, then your answer has to be negative.

BB
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