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Post by nickd on Jul 28, 2012 20:13:36 GMT 1
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Post by nickd on Jul 28, 2012 20:16:18 GMT 1
Assessing Physical limitationWhat we will do is compare the physical questions in the Employment & Allowance (ESA 50) questionnaire. The list will grow as we work our way through the form. In this post we look at how the questions are asked in the form. Then click on the link to look at the accompanying regulations against each of the questions in the form. If you click on the link to the regulations it will also take you to the guidance issued to Atos healthcare professionals for each individual descriptor via a new link added today (7/8/2012). ESA 50 questions - Physical(1) Moving around and using stepsBy moving we mean including the use of aids such as a manual wheelchair, crutches or a walking stick, if you usually use one, but without the help of another person.
Can you move around and use steps without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you three sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 1 the three sub questions are:
(a) Can you move at least 50 metres (about 54 yards) before you need to stop?
(b) Can you move at least 200 metres (about 220 yards) before you need to stop? Going up or down two steps
(c) Can you go up or down two steps without help from another person, if there is a rail to hold on to?
Now check the regulatory questions for question 1. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (2) Standing & SittingCan you stand and sit without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 2 the two sub questions are:
(a) Can you move from one seat to another right next to it without help from another person?
(b) Can you stay in place, either standing or sitting, for at least an hour without difficulty?
Now check the regulatory questions for question 2. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (3) ReachingCan you reach up with your arms without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 3 the two sub questions are:
(a) Can you lift at least one of your arms high enough to put something in the top pocket of a coat or jacket when you are wearing it?
(b) Can you lift one of your arms above your head to reach something?
Now check the regulatory questions for question 3. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (4) Picking up and moving thingsCan you pick things up and move them without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you three sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 4 the three sub questions are:
(Picking up things using your upper body and either arm)
(a) Can you pick up and move a half litre (one pint) carton full of liquid?
(b) Can you pick up and move a litre (two pints) carton full of liquid? (c) Can you pick and move a large, light object like an empty cardboard box?
Now check the regulatory questions for question 4. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (5) Manual dexterity (Using your hands) Can you use your hands without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you a sub questions which you can answer with a choice of 'No' 'Yes' or 'It Varies'.
For question 5 there is one sub question:
(a) Can you use either hands to do things like; - Press a button, such as a telephone keypad
- Turn the pages of a book
- Pick up a £1 coin
- Use a pen or pencil
- Use a computer keyboard or a computer mouse?
Now check the regulatory questions for question 5. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (6) Communicating with people(This section looks at how you communicate using speech, writing and typing)
Can you communicate with someone you don't know by speaking, writing, typing or any other means without the help of any other person?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you a sub question which you can answer with a choice of 'No' 'Yes' or 'It Varies'.
For question 6 there is one sub question:
(a) Can you communicate with someone you don't know by speaking, writing, typing, or any other means without the help of another person?
Now check the regulatory questions for question 6. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (7) Other people communicating with you This section looks at how you understand other people by hearing and reading
Can you understand other people without any difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you one sub question which you can answer with a choice of 'No' 'Yes' or 'It Varies'.
For question 7 there is one sub question:
(a) Can you understand other people - by hearing, lip reading, reading or using a hearing aid - without the help of another person?
Now check the regulatory questions for question 7. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
____________________________________________________________________________________________ (8) Getting around safely This section looks at visual problems. If you normally use glasses or contact lenses, a guide dog or any other aid, tell us how you manage when you are using them. Please also tell us how you see in daylight or bright electric light
Can you get around safely on your own?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 8 the two sub questions are:
(a) Can you see to cross the road on your own?
(b) Can you get around a place that you haven't been to before without help?
Now check the regulatory questions for question 8. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (9) For controlling your bowels and bladder and using a collecting deviceCan you control you bowels and bladder without any difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you one sub question which you can answer with a choice of 'Weekly' 'Monthly' or 'Less often'.
For question 9 there is one sub question:
(a) Do you have to wash or change your clothes because of difficulty controlling your bladder, bowels or collecting device?
Now check the regulatory questions for question 9. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (10) Staying concious when awakeDo you have any problems staying conscious when awake?
Answer Yes or No.
If you answered 'No' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'Yes' the form asks you a sub question which you can answer each one a choice of 'Weekly' 'Monthly' or 'Less than monthly'.
For question 10 the sub question is:
(a) While you are awake, how often do you have fits or blackouts?
Now check the regulatory questions for question 10. If you do not score at least 15 points you will need to look at the rest of the questions in the following mental health section and see if any of them would lead to an award of more points. (these will appear as the article progresses) See below (part 2) for mental health descriptors. Those relating to the Support Group & Exceptional circumstance & other provisions will follow; all in good time!
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Post by nickd on Jul 28, 2012 23:36:09 GMT 1
Not everyone can be an Olympic runner, this is how Employment & Support assesses your ability to 'mobilise' with or without a mobility aid. A mobility aid is considered if it can be reasonably used. Now see how many points you score? Question (1)
Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.1(a) Cannot either: (15 points)(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. 1(b) Cannot mount or descend two steps unaided by another person even with the support of a handrail. (= 9 points)1(c) Cannot either: (= 9 points)(i) mobilise more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 100 metres within a reasonable timescale because of significant discomfort or exhaustion. 1(d) Cannot either: (=6 points)(i) mobilise more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or (ii) repeatedly mobilise 200 metres within a reasonable timescale because of significant discomfort or exhaustion. 1(e) None of the above apply. 0 PointsIf you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 1:03:02 GMT 1
Compare the questions here with those in the form, the regulations look at the difficulty which claimants have when experiencing significant discomfort as well as exhaustion. The regulation also look at mid range descriptors where you can't sit or stand for 30 minutes as well as consider the tasks in a work related environment. Question (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. (= 15 Points)2(b) Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion. (= 9 points)2 (c) Cannot, for the majority of the time, remain at a work station, either: (i) standing unassisted by another person (even if free to move around); or (ii) sitting (even in an adjustable chair) for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion. (= 6 Points)2(d) None of the above apply (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 1:48:04 GMT 1
Question (3) Reaching. 3(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket. (= 15 Points)3(b) Cannot raise either arm to top of head as if to put on a hat. (= 9 Points)3(c) Cannot raise either arm above head height as if to reach for something. (= 6 Points)3(d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 1:49:33 GMT 1
Question 4. Picking up and moving or transferring by the use of the upper body and arms.4 (a) Cannot pick up and move a 0.5 litre carton full of liquid. (=15 Points)4(b) Cannot pick up and move a one litre carton full of liquid. (=9 Points)4(c) Cannot transfer a light but bulky object such as an empty cardboard box. (=6 Points)4(d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:17:46 GMT 1
(5). Manual dexterity. 5(a) Cannot either: (i) press a button, such as a telephone keypad; or (ii) turn the pages of a book with either hand. (= 15 Points)5(b) Cannot pick up a £1 coin or equivalent with either hand. (=15 Points)5(c) Cannot use a pen or pencil to make a meaningful mark. (= 9 Points)5(d) Cannot use a suitable keyboard or mouse. (= 9 Points)5(e) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:20:40 GMT 1
(6) Making self understood through speaking, writing, typing, or other means normally used, unaided by another person.6 (a) Cannot convey a simple message, such as the presence of a hazard. (= 15 Points)6 (b) Has significant difficulty conveying a simple message to strangers. (= 15 Points)6 (c) Has some difficulty conveying a simple message to strangers. (= 6 Points) 6 (d) None of the above apply. (= 0 Points) If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:21:19 GMT 1
(7) Understanding communication by both verbal means (such as hearing or lip reading) and non-verbal means (such as reading 16 point print) using any aid it is reasonable to expect them to use, unaided by another person. 7 (a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape. (=15 Points)7 (b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment. (= 15 Points)7 (c) Has some difficulty understanding a simple message from a stranger due to sensory impairment. (= 6 Points)7 (d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:22:00 GMT 1
(8) Navigation and maintaining safety, using a guide dog or other aid if normally used. 8 (a) Unable to navigate around familiar surroundings, without being accompanied by another person, due to sensory impairment. = 15 Points8 (b) Cannot safely complete a potentially hazardous task such as crossing the road, without being accompanied by another person, due to sensory impairment. = 15 Points8 (c) Unable to navigate around unfamiliar surroundings, without being accompanied by another person, due to sensory impairment. = 9 Points8 (d) None of the above apply. = 0 PointsIf you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:22:38 GMT 1
(9) Absence or loss of control leading to extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used. 9 (a) At least once a month experiences: (i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or (ii) substantial leakage of the contents of a collecting device sufficient to require cleaning and a change in clothing. = 15 Points9 (b) At risk of loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder, sufficient to require cleaning and a change in clothing, if not able to reach a toilet quickly. = 6 Points9 (c) None of the above apply. = 0 PointsIf you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Jul 29, 2012 10:23:21 GMT 1
(10) Consciousness during waking moments. 10 (a) At least once a week, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. =15 Points10 (b) At least once a month, has an involuntary episode of lost or altered consciousness resulting in significantly disrupted awareness or concentration. = 6 Points10 (c) None of the above apply. = 0 Points.If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 13, 2012 19:33:07 GMT 1
Part twoThe mental health, intellectual function & cognitive impairment assessmentIn this section we take a look at the questions in the ESA 50 which relate to the second part of the Limited Capability for Work assessment and relate the 7 questions as they appear in the form to the regulations behind each one, each question is also linked to the guidance issued to ATOS healthcare professionals as to how the questions should be interpreted. As in the physical descriptors (see above) consider the questions, then look at the scoring in the regulations as well as consider the way they are applied by the healthcare professional. Remember that these descriptors are open to interpretation which can often only be resolved by setting precedent in higher courts such as the Upper Tribunal, High Court or the appeal Courts. Precedent in Employment & Support Allowance on the current form of the Limited Capability for Work Assessment is hard to come by at the moment because not enough time has elapsed for cases involving the revised 'Harrington' assessment to come before the Courts.
Scroll down for the questions as they are asked in the ESA 50 questionnaire and compare them with the regulations & guidance issued to ATOS healthcare professionals. Remember that in completing the form many people will only focus on the 'lead' questions to each descriptor, they are put in a very abbreviated form and could potentially lead to claimants believing the descriptor won't apply to them. The questions are in many cases very different to the underlying legislative test and ATOS use their own interpretation of how they guide their staff to apply the descriptors. It is therefore worth looking at each question and utilising all the links to get some idea of the intensity of the assessment.
The question I would ask is how many people with significant mental health problems would be assessed as having no limitation?
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Post by nickd on Aug 14, 2012 9:57:56 GMT 1
Assessing mental health related limitationWhat we will do is compare the mental health related questions in the Employment & Allowance (ESA 50) questionnaire. In this post we look at how the questions are asked in the form. Then click on the link to look at the accompanying regulations against each of the questions in the form. If you click on the link to the regulations it will also take you to the guidance issued to Atos healthcare professionals for each individual descriptor. We will look at 'exceptional circumstances' and other claim routes in due course; this article is principally about the questions asked in the 'ESA 50' self - assessment questionnaire.ESA 50 questions - Mental Health, Intellectual Function & Cognitive Impairment.(11) Learning how to to do tasksBy mental, cognitive and intellectual functions we mean things like mental illness, learning difficulties & the effects of head injuries.
Can you learn to do everyday tasks without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 11 the two sub questions are:
(a) Can you learn how to do a simple task such as setting an alarm clock?
(b) Can you learn how to do a more complicated task such as using a washing machine?
Now check the regulatory questions for question 11. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (12) Awareness of hazard or dangerThis section looks at how you cope with danger.
Can you keep yourself safe when doing everyday tasks such as cooking?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you one sub question which you can answer with a choice of 'Usually' 'Sometimes' or 'It varies'.
For question 12 the sub question is:
Do you need supervision (someone to stay with you) to keep yourself safe?
Now check the regulatory questions for question 12. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (13) Initiating actionsThis section is about whether you can manage to start and complete daily routines and tasks like getting up, washing and dressings, cooking a meal or going shopping.
Can you manage to do daily tasks without difficulty?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you a sub question which you can answer with a choice of 'Never' 'Sometimes' or 'It Varies'.
For question 13 the sub question is:
Can you manage to plan, start and finish daily tasks?
Now check the regulatory questions for question 13. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. (these will appear as the article progresses)
______________________________________________________________________________________________ (14) Coping with changeThere is no clear explanatory description for this question.
Can you cope with changes to your daily routine?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one with a choice of 'No' 'Yes' or 'It Varies'.
For question 14 the two / three sub questions are:
(a) Can you cope with small changes to your routine if you know about them before they happen?
(b) Can you cope with small changes to your routine if they are unexpected?
Now check the regulatory questions for question 14. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points.
______________________________________________________________________________________________ (15) Going outThere is no clear explanatory description for this question.
Can you go out on your own?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions. The first (a) can be answered with a choice of 'No' 'Yes' or 'It Varies' and the second (b) with a choice of 'Usually' 'Not very often' or 'It varies'.
For question 15 the two sub questions are:
(a) Can you leave home and go to places you know if someone goes with you? (b) Can you leave home on your own and go to places you don't know?
Now check the regulatory questions for question 15. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points.
______________________________________________________________________________________________ (16) Coping with social situationsBy social situations we mean things like meeting new people and going to meetings or appointments
Can you cope with social situations?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you two sub questions which you can answer each one a choice of 'No' 'Yes' or 'It Varies'.
For question 16 the two sub questions are:
(a) Can you meet with people you know without feeling scared or anxious?
(b) Can you meet with people you don't know without feeling too anxious or scared?
Now check the regulatory questions for question 16. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points. ______________________________________________________________________________________________ (17) Behaving appropriately with other peopleThis section looks at whether your behaviour upsets other people
Does your behaviour upset other people?
Answer Yes or No.
If you answered 'Yes' you have indicated no problem and you are asked to go to the next question in the form. If you answered 'No' the form asks you one sub question which you can answer with a choice of 'Every day' 'Often' or 'Occasionally'.
For question 17 the sub question is:
How often do you behave in a way which upsets other people?
Now check the regulatory questions for question 17. If you do not score at least 15 points you will need to look at the rest of the questions and see if any of them would lead to an award of more points.
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Post by nickd on Aug 14, 2012 10:58:23 GMT 1
11. Learning tasks. Descriptor Points 11 (a) Cannot learn how to complete a simple task, such as setting an alarm clock. (= 15 Points)11 (b) Cannot learn anything beyond a simple task, such as setting an alarm clock. (= 9 Points)11 (c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine to clean clothes. (= 6 Points)(d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 14, 2012 11:00:07 GMT 1
12. Awareness of everyday hazards (such as boiling water or sharp objects). Descriptor Points 6 (a) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they require supervision for the majority of the time to maintain safety. (= 15 Points) 6 (b) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they frequently require supervision to maintain safety. (= 9 Points) 6 (c) Reduced awareness of everyday hazards leads to a significant risk of: (i) injury to self or others; or (ii) damage to property or possessions such that they occasionally require supervision to maintain safety. (= 6 Points) 6 (d) None of the above apply. (= 0 Points) If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 14, 2012 11:01:34 GMT 1
13. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks). Descriptor Points 13 (a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions. (= 15 Points) 13 (b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time. (= 9 Points) 13 (c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions. (= 6 Points) 13 (d) None of the above apply (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 14, 2012 11:03:58 GMT 1
14. Coping with change. Descriptor Points 14 (a) Cannot cope with any change to the extent that day to day life cannot be managed. (= 15 Points) 14 (b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult. (= 9 Points) 14 (c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult. (= 6 Points) 6 (d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 14, 2012 11:04:25 GMT 1
15. Getting about. Descriptor Points 15 (a) Cannot get to any specified place with which the claimant is familiar. (= 15 Points) 15 (b) Is unable to get to a specified place with which the claimant is familiar, without being accompanied by another person. (= 9 Points) 15 (c) Is unable to get to a specified place with which the claimant is unfamiliar without being accompanied by another person. (= 6 Points) 15 (d) None of the above apply. (= 0 Points)If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 14, 2012 11:07:26 GMT 1
16. Coping with social engagement due to cognitive impairment or mental disorder. Descriptor Points 16 (a) Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual. (= 15 Points)16 (b) Engagement in social contact with someone unfamiliar to the claimant is always precluded due to difficulty relating to others or significant distress experienced by the individual. (= 9 Points) 16 (c) Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual. (= 6 Points) 16 (d) None of the above apply. (= 0 Points) If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 16, 2012 22:31:41 GMT 1
17. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder. Descriptor Points 17 (a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. (= 15 Points) 17 (b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. (= 15 Points) 17 (c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace. (= 9 Points) 17 (d) None of the above apply. (= 0 Points) If you scored less than 15 points, you are deemed to have an insufficient level of limitation with this particular descriptor to qualify for Employment & Support Allowance which could mean you are deemed capable of work or not in need of any support to help you find work. You may qualify in another descriptor or by using combinations of different descriptors to reach a score of over 15 points. Take a look at the guidance used by ATOS by clicking here. This is taken from their latest manual issued to healthcare professionals for this descriptor.You can also have a look at potentially relevant case law to this descriptor by clicking here. This should only be considered within the context of the whole article relating to how case law should be interpreted
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Post by nickd on Aug 25, 2012 23:41:44 GMT 1
How else can you qualifying for Employment & Support Allowance?Not all claimants can meet any of the descriptors in the Employment & Support Allowance assessment process; but they may qualify under what are known as the 'exceptional circumstances' regulations. Other claimants do not need to meet the descriptor test but may qualify in other ways; this post looks at what they are: [/b]
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Post by nickd on Aug 25, 2012 23:42:15 GMT 1
Exceptional circumstances
29.—(1) A claimant who does not have limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work if paragraph (2) applies to the claimant.
(2) This paragraph applies if—
(a) the claimant is suffering from a life threatening disease in relation to which—
(i) there is medical evidence that the disease is uncontrollable, or uncontrolled, by a recognised therapeutic procedure; and
(ii) in the case of a disease that is uncontrolled, there is a reasonable cause for it not to be controlled by a recognised therapeutic procedure; or
(b) the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work.
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Post by nickd on Aug 25, 2012 23:42:35 GMT 1
These are some of the other regulations under which you can qualify and which clarify when you may qualify:
Regulation (25) relates to hospital in patients, (26) to 'certain treatments', (27) to qualifying days, (28) to night workers, (30) entitlement during prior to determination (mainly the 'assessment phase') providing medical evidence is supplied, (31) to JSA claimants, (32) to military personnel, and (35) to terminal illness, certain conditions and illness during pregnancy. These regulations should be checked for amendments and legal advice sought if any doubt remains as to how they may apply.
Please note:The Employment & Support Allowance regulations should be read in conjunction with prevailing legislation (which you can access using official Judiciary websites), no responsibility is accepted for any misunderstanding which may arise out of following what are intended to be reference sources. They are purely provided for this purpose and no liability is accepted for any resultant loss which may arise. The responsibility for checking how these apply to individual cases remains that of the viewer.
Hospital in-patients
25.—(1) A claimant is to be treated as having limited capability for work on any day on which that claimant is undergoing medical or other treatment as an in-patient in a hospital or similar institution, or which is a day of recovery from that treatment.
(2) For the purposes of this regulation, “day of recovery” means a day on which a claimant is recovering from treatment as an in-patient in a hospital or equivalent under paragraph (1) and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work on that day.
Claimants receiving certain regular treatment
26.—(1) Subject to paragraph (2), a claimant receiving—
(a)regular weekly treatment by way of haemodialysis for chronic renal failure;
(b)treatment by way of plasmapheresis or by way of radiotherapy; or
(c)regular weekly treatment by way of total parenteral nutrition for gross impairment of enteric function, is to be treated as having limited capability for work during any week in which that claimant is engaged in that treatment or has a day of recovery from that treatment.
(2) In the first week during which a claimant receives the treatment referred to in paragraph (1), that claimant is only to be treated as having limited capability for work during that week if, in that week the claimant undergoes no fewer than—
(a)two days of treatment;
(b)two days of recovery from any of the forms of treatment listed in paragraph (1)(a) to (c); or
(c)one day of treatment and one day of recovery from that treatment, but the days of treatment or recovery from that treatment or both need not be consecutive.
(3) For the purpose of this regulation “day of recovery” means a day on which a claimant is recovering from any of the forms of treatment listed in paragraph (1)(a) to (c) and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work on that day.
Claimant to be treated as having limited capability for work throughout a day
27. A claimant who at the commencement of any day has, or thereafter develops, limited capability for work as determined in accordance with the limited capability for work assessment is to be treated as having limited capability for work throughout that day.
Night workers
28.—(1) Where a claimant works for a continuous period which extends over midnight into the following day, that claimant is to be treated as having limited capability for work on the day on which the lesser part of that period falls if that claimant had limited capability for work for the remainder of that day.
(2) Where, in relation to a period referred to in paragraph (1), the number of hours worked before and after midnight is equal—
(a)if the days in question fall at the beginning of a period of limited capability for work, the claimant is to be treated as having limited capability on the second day; and
(b)if the days in question fall at the end of a period of limited capability for work, the claimant is to be treated as having limited capability for work on the first day.
Conditions for treating a claimant as having limited capability for work until a determination about limited capability for work has been made
30.—(1) A claimant is, if the conditions set out in paragraph (2) are met, to be treated as having limited capability for work until such time as it is determined—
(a)whether or not the claimant has limited capability for work;
(b)whether or not the claimant is to be treated as having limited capability for work otherwise than in accordance with this regulation; or
(c)whether the claimant falls to be treated as not having limited capability for work in accordance with regulation 22 (failure to provide information in relation to limited capability for work) or 23 (failure to attend a medical examination to determine limited capability for work).
(2) The conditions are—
(a)that the claimant provides evidence of limited capability for work in accordance with the Medical Evidence Regulations; and
(b)that it has not, within the 6 months preceding the date of claim, been determined, in relation to the claimant’s entitlement to any benefit, allowance or advantage which is dependent on the claimant having limited capability for work, that the claimant does not have limited capability for work or is to be treated as not having limited capability for work under regulation 22 or 23 unless—
(i)the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination;
(ii)a disease or bodily or mental disablement from which the claimant was suffering at the time of that determination has significantly worsened; or (iii)in the case of a claimant who was treated as not having limited capability for work under regulation 22 (failure to provide information), the claimant has since provided the information requested under that regulation.
(3) Paragraph (2)(b) does not apply where a claimant has made and is pursuing an appeal against a decision that embodies a determination that the claimant does not have limited capability for work and that appeal has not yet been determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998(1).
Claimant who claims jobseeker’s allowance to be treated as not having limited capability for work
31.—(1) A claimant who—
(a)claims a jobseeker’s allowance; and
(b)is able to show a reasonable prospect of obtaining employment, is, throughout the period of that claim, to be treated as not having limited capability for work.
(2) Paragraph (1) applies even though it has been determined that the claimant—
(a)has limited capability for work; or
(b)is to be treated as having limited capability for work under any of regulations 20 (certain claimants to be treated as having limited capability for work), 25 (hospital in-patients), 26 (claimants undergoing certain regular treatment) or 29 (exceptional circumstances).
Certain claimants to be treated as not having limited capability for work
32. A claimant is to be treated as not having limited capability for work on any day which is recorded by the Secretary of State for Defence as a day of sickness absence from duty.
Certain claimants to be treated as having limited capability for work-related activity
35.—(1) A claimant is to be treated as having limited capability for work-related activity if—
(a)the claimant is terminally ill;
(b)the claimant is—
(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or
(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or
(c)in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.
(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—
(a)the claimant suffers from some specific disease or bodily or mental disablement; and
(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.
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Post by nickd on Aug 25, 2012 23:43:08 GMT 1
Support Group DescriptorsIn the following few posts (numbered 1 to 16) we take a look at the Support Group or to give it its correct name the Limited Capability for Work Related Activity assessment. This appeared in the original 2008 regulations under 'schedule 3' but in the amended regulations of 2011 (post Harrington review) it appears as schedule 2. You can access the two different schedules below (click on links to either the '2008' or the '2011' version). I haven't cited the differences but they exist in the wording of descriptors, if they are material I will post details in due course. In the main the majority of assessments now relate to the 2011 version although there may still be some cases under the previous rules which are still in existence.
Schedule (3) 2008 Support group descriptors
The above support group descriptors are those which relate to regulation 34 (1) in the 2008 regulations.
Determination of limited capability for work-related activity
34.—(1) For the purposes of Part 1 of the Act, where, by reason of a claimant’s physical or mental condition, at least one of the descriptors set out in Schedule 3 applies to the claimant, the claimant’s capability for work-related activity will be limited and the limitation will be such that it is not reasonable to require that claimant to undertake such activity.
(2) A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor.
(3) In determining whether a descriptor applies to a claimant, the claimant is to be assessed as if the claimant were wearing any prosthesis with which the claimant is fitted or, as the case may be, wearing or using any aid or appliance which the claimant normally wears or uses.
(4) Where a determination has been made about whether a claimant—
(a)has limited capability for work-related activity;
(b)is to be treated as having limited capability for work-related activity; or
(c)is to be treated as not having limited capability for work-related activity, the Secretary of State may, if paragraph (5) applies, determine afresh whether the claimant has or is to be treated as having limited capability for work-related activity.
(5) This paragraph applies where—
(a)the Secretary of State wishes to determine whether there has been a relevant change of circumstances in relation to the claimant’s physical or mental condition;
(b)the Secretary of State wishes to determine whether the previous determination about limited capability for work-related activity or about treating the claimant as having or as not having limited capability for work-related activity, was made in ignorance of, or was based on a mistake as to, some material fact; or
(c)at least 3 months have passed since the date of the previous determination about limited capability for work-related activity or about treating the claimant as having or as not having limited capability for work-related activity.
However the descriptors were changed in 2011. You can access them via the following link:
Schedule (2) 2011 Support group descriptors
Both the 2008 and 2011 versions remain tied to regulation 34(1). The 2011 descriptors are listed below. You can qualify for the Support group if any of the following descriptors apply to you. You will note that some of them mirror the most 'severe' upper range of descriptors which relate to the Limited Capability for Work Assessment (schedule 2 in the 2008 regulations and schedule 1 in the 2011 version) which is more commonly referred to as the 'Work Related Activity Group' or 'WRAG' for short.
In the Support Group (2011) the 16 descriptors relate to the following (just click on any of them to get further details):
- (1) Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
- (2)Transferring from one seated position to another.
- (3) Reaching.
- (4) Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
- (5) Manual dexterity.
- (6) Making self understood through speaking, writing, typing, or other means normally used.
- (7) Understanding communication by hearing, lip reading, reading 16 point print or using any aid if reasonably used.
- (8) Absence or loss of control over extensive evacuation of the bowel and/or voiding of the bladder, other than enuresis (bed-wetting), despite the presence of any aids or adaptations normally used.
- (9) Learning tasks.
- (10) Awareness of hazard.
- (11) Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).
- (12) Coping with change.
- (13) Coping with social engagement, due to cognitive impairment or mental disorder.
- (14) Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder.
- (15) Conveying food or drink to the mouth.
- (16) Chewing or swallowing food or drink.
[/b] [/li][/ul] None of these 16 descriptors are scored in the way that they are in the WRAG group descriptors (even though some are the same as in the WRAG group) because if at least one is applied you are under regulation 34 (1) eligible for placement in the Support Group. You will note how the Support Group relates to the severest degree of limitation. [/size]
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Post by nickd on Aug 25, 2012 23:44:55 GMT 1
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used. Cannot either:
(a)mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion; or(b)repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.[/b] [/i] [/size] [/color]
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Post by nickd on Aug 25, 2012 23:45:32 GMT 1
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.[/b][/color][/size]
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Post by nickd on Aug 25, 2012 23:46:03 GMT 1
3. Reaching.
Cannot raise either arm as if to put something in the top pocket of a coat or jacket.[/b][/size][/i][/color]
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Post by nickd on Aug 25, 2012 23:46:30 GMT 1
4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).
Cannot pick up and move a 0.5 litre carton full of liquid.[/b][/i][/color][/size]
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Post by nickd on Aug 25, 2012 23:47:02 GMT 1
5. Manual dexterity.
Cannot either:
(a)press a button, such as a telephone keypad; or
(b)turn the pages of a book with either hand. [/b]
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