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ESA50 Q.10 Staying conscious when awake
- Gordon
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12 years 1 month ago - 12 years 1 month ago #98726 by Gordon
These are all points you can argue in your ESA50
The words of the Staying Awake descriptor have not changed in the recent update.
All we can do on the forum is to make members aware of the ESA Descriptors, the Regulations and any Case Law that might effect them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake
SWLABR wrote: Sleep is itself an altered state of consciousness. Falling asleep without knowing it's happening or being able to stop it is involuntary. I believe we agreed on that last point on the old forum, many months ago. Has the descriptor wording changed in some subtle fashion? Meanwhile, it seems like I'll just have to chance it and come back for more advice when I have to face an appeal.
These are all points you can argue in your ESA50

The words of the Staying Awake descriptor have not changed in the recent update.
All we can do on the forum is to make members aware of the ESA Descriptors, the Regulations and any Case Law that might effect them.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Gordon.
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- MSCarer
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12 years 1 month ago #98733 by MSCarer
Replied by MSCarer on topic ESA50 Q.10 Staying conscious when awake
I wonder what percentages of judges making these decisions on tribunals have disabilities?
Very often decisions are based upon non-impaired peoples' in-built conditioning and discrimination, for example, I get exactly the same problem with "fatigue" - people relate it to "normal" fatigue that you can recover from with adequate rest and sleep. I even read in relation to "Coping with Change" in the WCA handbook that it mentions how people cope with "minor" change. The change is not "minor" to those people affected by it - it is very large and real. Again this is an example of discrimination by non-impaired people associating something with their "normal" life. (Apologies for the discussion.)
Very often decisions are based upon non-impaired peoples' in-built conditioning and discrimination, for example, I get exactly the same problem with "fatigue" - people relate it to "normal" fatigue that you can recover from with adequate rest and sleep. I even read in relation to "Coping with Change" in the WCA handbook that it mentions how people cope with "minor" change. The change is not "minor" to those people affected by it - it is very large and real. Again this is an example of discrimination by non-impaired people associating something with their "normal" life. (Apologies for the discussion.)
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12 years 1 month ago #98735 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA50 Q.10 Staying conscious when awake
MSCarer
To you and anybody else reading this post.
It is important to note that the the WCA Handbook has not been updated to take account of the changes implemented on 28/01/13, so you should be careful in using this document for reference.
Gordon
Posted 07/02/13
To you and anybody else reading this post.
It is important to note that the the WCA Handbook has not been updated to take account of the changes implemented on 28/01/13, so you should be careful in using this document for reference.
Gordon
Posted 07/02/13
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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