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A few ESA50 questions
- mangof
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- cdcdi1911
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Hi KratoThanks for clarifying that Gordon, sorry for the assumption!
I was wondering why it was 15.Executing Tasks, rather than 13.initiating and completing personal action. Does this mean lack of motivation can still be used as a reason for not starting tasks? Why do they have to make it so complicated!?
Me and my mum was working on the questionnaire last night, I was feeding her info and she was putting it into words. We managed to get 2 questions finished, and they were significantly longer than the examples in the B&W guide, is this ok, or are they more likely not to read it all if they are long? To give an example Initiating examples ended up being 2/3rd of an A4 page typed up! Also is it ok to submit it typed up? Her hand writing is similar to script and takes up quite a lot of room, so we thought typing would be best.
The case law that you referred to earlier also dealt with the 'coping with social situations' descriptor. Whilst the descriptors have been modified and made harder to pass since this decision, CE/406/2010 does at least suggest that tribunals should look beyond social interaction required to survive or meet legal obligations.
It is nevertheless a concern that having any form of human contact may prevent a claimant from scoring 15 points!22. In this appeal, the tribunal did not, on balance, deal adequately with the issues. The Record of Proceedings records evidence that she has few friends, but she sees them sometimes; she shops (which requires social interaction on a number of levels), and takes her child to school (which may require interaction with other parents). On the other hand, there was also evidence that she restricted herself to social activities which she had to perform to survive or meet her legal obligations. While the tribunal would have been justified in finding that the appellant did not satisfy 19(a), she may have satisfied that (b) or (c) had she been questioned more carefully. This might have given her either 9 or 6 points.
Regards
Derek
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