- Posts: 311
RRS (Reliably, repeatedly, safely)
- carruthers
- Topic Author
- Offline
This ought, I suppose, to deal with the "variable conditions" and "fatigue" question, but ...As with any of the actions in the different questions, it is whether you can carry out the actions for the majority of the time, Repeatedly Reliably and Safely.
With, "Reasonable Regularity".
If you can't carry out the action for the majority of the time, and as above, it would be fair to answer "no".
Carrying on from the above premise, the answer "no" does not necessarily mean that you can NEVER do it.
Approximately once a week I tackle the stairs - downstairs using stick and handrail, out to appointment or whatever, the upstairs using stick, handrail and - about 50% of the time - help lifting the leg for part of the time. My balance is precarious at all times.
It's known that I may cancel appointments at the last minute because I'm too tired, but generally I try to "save up" the energy.
But if I'm asked if I can climb just two stairs, using sticks and a handrail, then the answer would have be "Yes," most of the time. If they asked me to keep on doing it for 10 minutes, then I would certainly not be safe by the end of it, nor capable of doing anything else for an hour or so.
This is my problem, but I think other people must have similar ones. You have something you might be able to do once, or be able to do several times and fairly safely, but only if you consider that action in isolation.
In my case it's no good being able to go downstairs, if the effort means all you can do is rest enough to get back upstairs again and back into bed. So - from the functional point of view so beloved of the DWP school of assessment - on any of those days I am not able to carry out a task which includes going downstairs.
From the bureaucrat's point of view, however, what you do before or after the task is irrelevant, either you can climb the stairs or you can't. So when you fill in the form, do you have to keep adding (not RRS) or just put in "No."?
Will an examining HCP, or a DWP DM actually believe the bald "No," if they think you can do it sometimes, or with an acceptable degree of safety?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51288
I can't answer your question, but the following extract from the Decision Makers guide may be of assistance.
42175 The test of whether a claimant cannot perform an activity is not whether or not they are physically incapable of performing it. Matters such as pain, discomfort and repeatability are taken into account. A claimant is not capable of carrying out an activity if they can only do so with severe pain or, if having done it once, they are unable to repeat it for hours or days. The extent of a claimant’s ability to repeat the activity in a single stretch and of the intervals at which the claimant would be able to repeat the performance should be identified. A decision can then be made on whether the claimant can perform the relevant descriptor with reasonable regularity.
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.
- slugsta
- Offline
- Posts: 9439
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.
- carruthers
- Topic Author
- Offline
- Posts: 311
OK, "reasonable regularity" - according to - well ATOS, the DWP, the victim?A decision can then be made on whether the claimant can perform the relevant descriptor with reasonable regularity.
I sometimes think that the word "reasonable" inserted into English law is basically there to give work to lawyers.
It's all so terribly subjective, which IIRC is exactly what the DWP wanted to avoid.
I'm correct aren't I? This was about objective and up to date measurement, and not about saving money?
Please Log in or Create an account to join the conversation.
- billkruse
- Offline
- Posts: 280
BB
Please Log in or Create an account to join the conversation.