Propell a wheel chair but can not dress yourself

SoulMan wrote:

Interesting

I guess i will be relying on it being unreasonable for me to use a wheel chair. The main reason is i can not get in or out of it by my self.

Also my toilet and bathroom are both upstairs!

Hi SM,

This is where Activity 2. of the WRAG (LCW) and SG (LCWRA), descriptors as seen below respectively, may also be pertinent to using a manual wheelchair, "UNAIDED" :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

&

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain



"2. Standing and sitting.

2(a)

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person."

&

" 2. Transferring from one seated position to another.

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person."

bro58

bro58 wrote:

SoulMan wrote:

Interesting

I guess i will be relying on it being unreasonable for me to use a wheel chair. The main reason is i can not get in or out of it by my self.

Also my toilet and bathroom are both upstairs!

Hi SM,

This is where Activity 2. of the WRAG (LCW) and SG (LCWRA), descriptors as seen below respectively, may also be pertinent to using a manual wheelchair, "UNAIDED" :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

&

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain



"2. Standing and sitting.

2(a)

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person."

&

" 2. Transferring from one seated position to another.

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person."

bro58

Further to the above, one should consider whether any "Sitting" limitations or restictions suffered as a result of Lumber spinal problems (for example) could also affect one's use of a manual wheelchair unaided.

bro58

Gordon wrote:

Extract from the WCA Handbook in regard to the Mobilising test

This activity relates primarily to lower limb function. It is intended to reflect the level of mobility that a person would need in order to be able to move reasonably within and around an indoor environment. It is not intended to take into account transport to or from that environment.

The modern working environment should allow for the use of a wheelchair and any other widely available aid and therefore the concept of mobilising within a workplace is considered the critical issue – rather than just the individual’s ability to walk around a workplace.

Gordon

I looked at the legislation quoted by bro58:

bro58 wrote:

This is where Activity 2. of the WRAG (LCW) and SG (LCWRA), descriptors as seen below respectively, may also be pertinent to using a manual wheelchair, "UNAIDED" :

www.legislation.gov.uk/uksi/2011/228/schedule/1/made?view=plain

bro58

Where it says:

Cannot either:
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

I cannot see how that clause and similar ones for longer distances specify that the "mobilisation" refers only to indoor activity. Indeed the phrase "on level ground" seems to me to imply an outdoor environment, since the word "ground" is not usually used when referring to an office carpet.

Is this another case where the DWP has added a layer of interpretation which is not present in the legislation and has not been endorsed by the courts?

Or is there case law where the tribunals have agreed that the law intended the mobilisation referred to is considered as solely referring to mobilising indoors within an ideally equipped workplace?

Gordon wrote:

You are perfectly correct, however, the quotes were given in context to the thread, not as a statement of how they should be interpreted.

That said, the WCA Handbook (which has been approved for use by the DWP), gives direction to the ATOS "doctor" as to how they should interpret each of the ESA descriptors, these are therefore points to argue against rather than to be ignored because they are not specifically defined in the legislation.

So this is tribunal stuff.

Sorry, perhaps this should have been a separate thread.