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ESA50 Standing and Sitting
- MSCarer
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11 years 3 months ago - 11 years 3 months ago #97873 by MSCarer
ESA50 Standing and Sitting was created by MSCarer
I note on page 37 of the WCA Handbook that it says:
“The duration of sitting is limited by the need to move from the chair because the degree of discomfort makes it impossible to continue sitting and therefore any activity being undertaken in a seated position would have to cease”
The key phrase here to me is: “any activity being undertaken in a seated position would have to cease”
It seems therefore that this is not just a question about sitting (or standing) but also about being able to do an activity (work related) whilst sat down. Am I correct in this? If so this adds a completely different perspective to this question. I know that the "standing" question is also related to activity, for example what work/activity can you do if you need crutches to stand?!
“The duration of sitting is limited by the need to move from the chair because the degree of discomfort makes it impossible to continue sitting and therefore any activity being undertaken in a seated position would have to cease”
The key phrase here to me is: “any activity being undertaken in a seated position would have to cease”
It seems therefore that this is not just a question about sitting (or standing) but also about being able to do an activity (work related) whilst sat down. Am I correct in this? If so this adds a completely different perspective to this question. I know that the "standing" question is also related to activity, for example what work/activity can you do if you need crutches to stand?!
Last edit: 11 years 3 months ago by .
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- Gordon
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11 years 3 months ago #97878 by Gordon
The descriptor refers to the claimant being at a workstation so the implication is that the claimant is performing some kind of work, a supermarket checkout might be a reasonable assumption. It is important to note that this is a test of a persons ability to sit and stand, so person who could sit for 30 minutes at the workstation and then stand for 30 minutes at the workstation would not score any points.
I do not think that you can assume that someone who requires crutches would be unable to perfrom a function at the workststation, and certainly the amendments at the end of the month will imply that crutches should be considered, where they are not mentioned at the moment.
Gordon
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Replied by Gordon on topic ESA50 Standing and Sitting
MSCarer wrote: I note on page 37 of the WCA Handbook that it says:
“The duration of sitting is limited by the need to move from the chair because the degree of discomfort makes it impossible to continue sitting and therefore any activity being undertaken in a seated position would have to cease”
The key phrase here to me is: “any activity being undertaken in a seated position would have to cease”
It seems therefore that this is not just a question about sitting (or standing) but also about being able to do an activity (work related) whilst sat down. Am I correct in this? If so this adds a completely different perspective to this question. I know that the "standing" question is also related to activity, for example what work/activity can you do if you need crutches to stand?!
The descriptor refers to the claimant being at a workstation so the implication is that the claimant is performing some kind of work, a supermarket checkout might be a reasonable assumption. It is important to note that this is a test of a persons ability to sit and stand, so person who could sit for 30 minutes at the workstation and then stand for 30 minutes at the workstation would not score any points.
I do not think that you can assume that someone who requires crutches would be unable to perfrom a function at the workststation, and certainly the amendments at the end of the month will imply that crutches should be considered, where they are not mentioned at the moment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 3 months ago #97893 by
Replied by on topic ESA50 Standing and Sitting
Hi MSC,
Taking heed of Gordon's excellent advice, you may find these two rightsnet threads on this issue interesting :
www.rightsnet.org.uk/forums/viewthread/1770/
www.rightsnet.org.uk/forums/viewthread/3914/
You should take into account the chronoligy of the above posts, the ESA Reg ammendments, and the Caselaw referred to.
bro58
Taking heed of Gordon's excellent advice, you may find these two rightsnet threads on this issue interesting :
www.rightsnet.org.uk/forums/viewthread/1770/
www.rightsnet.org.uk/forums/viewthread/3914/
You should take into account the chronoligy of the above posts, the ESA Reg ammendments, and the Caselaw referred to.
bro58
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- MSCarer
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11 years 3 months ago #97897 by MSCarer
Replied by MSCarer on topic ESA50 Standing and Sitting
Thanks - even more to read and take in now!
Oh and apologies for my misquote - the source of my posting was actually page 37 of the Benefits and Work Guide on Physical Health Grounds. I have so many booklets open I don't know what is what.
Oh and apologies for my misquote - the source of my posting was actually page 37 of the Benefits and Work Guide on Physical Health Grounds. I have so many booklets open I don't know what is what.
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