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Imaginary wheelchair

Graham

13 years 9 months ago #51444 by Graham

Replied by Graham on topic Re:Imaginary wheelchair

Gordon wrote:

Graham

The legislation says
Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
The key phrase here is "can reasonably be used". So yes, I think they will make assumptions with regard to capability, that if not countered in your written evidence, will count against you.

Gordon

Gordon
Just read the new ESA50 form. The words "can reasonably" are not there but "usually used" are.

Does that not make the imaginary wheelchair disappear ?

Gordon
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13 years 9 months ago #51446 by Gordon

Replied by Gordon on topic Re:Imaginary wheelchair

Graham

Unfortunately no, it one of the oddities of the ESA system, in that they ask you one question and assess you using another.

I quoted from the legislation, the ESA50 is an "interpretation" of this, and following on from its predecessor, not a very good one.

Gordon

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

originaldave

13 years 9 months ago #51450 by originaldave

Replied by originaldave on topic Re:Imaginary wheelchair

so if someone could not walk under the old test and be so disabled they get higher rate mobility

they could claim they cant use a manual wheel chair if say one arm is weak from a stroke ... as they would go around in circles ?

Gordon
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13 years 9 months ago #51453 by Gordon

Replied by Gordon on topic Re:Imaginary wheelchair

Dave

That would seem a reasonable argument.

The key issue with this test in particular, is the need to address not just walking but mobilising using a wheelchair.

However, until we see the guidance from the DWP as to how this test is to interpreted, possibly backed up by case law from a Tribunal, it is very difficult to advise how to answer this successfully.

I know that Steve is working on a new set of guides, but I am not sure how close to publishing them, as we had to wait to see what the ESA50 says.

Gordon

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

C.J

13 years 9 months ago #51454 by C.J

Replied by C.J on topic Re:Imaginary wheelchair

I use a wheelchair, but I dont use it!! my wife pushes, I cannot use it as I would be leaning forward and with severe balance issues its impossible..

where does that leave me..Because if asked I wouldnt even try. At last medical many years ago I was asked to try and stand I fell over and cut myself, that was while changing..

mistynow
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13 years 9 months ago #51459 by mistynow

Replied by mistynow on topic Re:Imaginary wheelchair

Gordon wrote:

Misty

The test specifically references manual wheelchairs, so an electric one would be excluded.

However, the test does not preclude the use of a manual wheelchair indoors, just that you be able to mobilise a distance on level ground.

In my opinion you should expect to be challenged on this when the new test comes into force.

Gordon

This could get interesting then as most power chair uses have a manual as 'backup'

will they therefore disagree with wheelchair services in their assessment of need :unsure:

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