ESA50 Standing and Sitting

3 queries:

a) Question (2) on the ESA50 form asks about being able to move from one seat to another. In the WCA handbook (page 70) it states that this question is about transferring from a WHEELCHAIR. Is this correct? And if so then if I concentrate on answering this question in relation to transferring from a wheelchair then that will be ok?

Also, if I am correct, then how do they get away with putting moving from one seat to another and not putting moving from a wheelchair to another seat – which is two completely different things and totally misleading.

b) UKUT 324 (AAC) MC v Secretary of State for Work and Pensions: page 9 states:

“However, there may be individuals who, because of their health condition, have to alternate between sitting and standing. One may envisage that there may be situations in which a person has to alternate so much between the two positions that it may be difficult to see how they can indeed “remain at a work station” in any meaningful way, given the level of disruption involved.”

Is this upper tribunal quote still valid and therefore would it be okay to mention this as an example in my ESA50 form? Or has it been superseded? I know it is only a question raised by the UT but it is an interesting observation.

(I know this UT looked at the meaning of “either” / “or” in relation to standing and sitting and found that a combination of standing AND sitting was ok.)

For anyone interested it is well worth reading this UT finding not only for the quote on page 9 but also the first paragraph at the top of page 2 which gives you a good idea what information/evidence ATOS look for at the medical and in your ESA50 form to try and counter your arguments.

c) Is their a specific website where you can find the most recent findings of UT in relation to ESA?

MSCarer wrote: 3 queries:

a) Question (2) on the ESA50 form asks about being able to move from one seat to another. In the WCA handbook (page 70) it states that this question is about transferring from a WHEELCHAIR. Is this correct? And if so then if I concentrate on answering this question in relation to transferring from a wheelchair then that will be ok?

Also, if I am correct, then how do they get away with putting moving from one seat to another and not putting moving from a wheelchair to another seat – which is two completely different things and totally misleading.

b) UKUT 324 (AAC) MC v Secretary of State for Work and Pensions: page 9 states:

“However, there may be individuals who, because of their health condition, have to alternate between sitting and standing. One may envisage that there may be situations in which a person has to alternate so much between the two positions that it may be difficult to see how they can indeed “remain at a work station” in any meaningful way, given the level of disruption involved.”

Is this upper tribunal quote still valid and therefore would it be okay to mention this as an example in my ESA50 form? Or has it been superseded? I know it is only a question raised by the UT but it is an interesting observation.

(I know this UT looked at the meaning of “either” / “or” in relation to standing and sitting and found that a combination of standing AND sitting was ok.)

For anyone interested it is well worth reading this UT finding not only for the quote on page 9 but also the first paragraph at the top of page 2 which gives you a good idea what information/evidence ATOS look for at the medical and in your ESA50 form to try and counter your arguments.

c) Is their a specific website where you can find the most recent findings of UT in relation to ESA?

Hi MSC,

Activity 2 can be used to show that you could not transfer to and from a wheelchair unaided, and would therefore be relevant to the Mobilising descriptor at activity 1, also.

Here is the UT Ruling that you refer to regarding standing and sitting, which I believe has now been incorporated into the ESA Reg Ammendments post 28/01/13 :

CE 1516 2012

See this rightsnet thread also :

www.rightsnet.org.uk/forums/viewthread/3924/

So yes, this is current.

See below various sources where you can check for UT Rulings/Decisions :

www.osscsc.gov.uk/Aspx/default.aspx

www.disabilityrightsuk.org/caselawsummaries.htm

www.rightsnet.org.uk/toolkit/

There is generally a delay between decisions being made, and them being published,

bro58

Is it also possible to argue that picking up and moving things needs to be seen within the context of work-related activity and therefore the cumulative effects of this upon any symptoms that you may have?