× Members

Manual Dexterity Descriptor

More
11 years 8 months ago #89271 by YoursTruly
Manual Dexterity Descriptor was created by YoursTruly
Hello,
I am studying the guides, prior to submitting an appeal. THere is a lot to take. Please forgive me if this has been answered before, or if it is a stupid question.

On my ESA50, I stated that I can only write slowly, that it tires me out, and that someone else filled in previous forms for me. I filled in the ESA50 over a period of several days, with frequent breaks.

While I can use a keyboard for short periods 10-15mins ( I am typing this at a keyboard :) ), prolonged use again tires me out, and I have to stop.

Neither action is repeatable without taking a break. On bad days, I would not even attempt these actions.

Am I correct in thinking that this would score 9 points. The view was taken in my medical report, that as I could make myself a cup of tea, and that I took my medication out of a bag at the medical, that I had no problems with dexterity.

Many thanks.

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #89277 by Gordon
Replied by Gordon on topic Re:Manual Dexterity Descriptor
YT

The descriptors for Manual Dexterity are quite specific;

5. Manual Dexterity
(c) Cannot use a pen or pencil to make a meaningful mark.9 points
(d) Cannot use a suitable keyboard or mouse. 9 points

Although repeatability needs to be taken into account, I think that use of the word "cannot" in both descriptors, precludes any ability for the two tests, which does not seem to match your description of your capabilities.

Gordon

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

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #89320 by YoursTruly
Replied by YoursTruly on topic Re:Manual Dexterity Descriptor
Hello Gordon,
Forgive me for asking, but could you clarify something for me.

5. Manual Dexterity
(c) Cannot use a pen or pencil to make a meaningful mark.9 points
(d) Cannot use a suitable keyboard or mouse. 9 points

Although repeatability needs to be taken into account, I think that use of the word "cannot" in both descriptors, precludes any ability for the two tests, which does not seem to match your description of your capabilities.


Am I correct in thinking that the section in the 'physical guide' applies, "How To Show You Score Points Even If You Can Actually Do An Activity"?

Am I correct in thinking that a Judge ruled that not being able to carry out an activity repeatedly with a reasonable timeframe means that you cannot carry out that activity?

I am in no way trying to say that you are wrong; I am simply trying to clarify matters before I consider my appeal.

Many Thanks,
YT

Please Log in or Create an account to join the conversation.

More
11 years 8 months ago #89325 by Gordon
Replied by Gordon on topic Re:Manual Dexterity Descriptor
YT

You are perfectly correct, however, this also has to be taken in the context of the descriptor and you are certainly entitled to argue that this Case law applies in these circumstnces.

Extract from the WCA Handbook, section 3.2.6

Ability to use a pen or pencil is intended to reflect the ability to use a pen or pencil in order to make a purposeful mark such as a cross or a tick.


Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.