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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

‘Two steps unaided’

J.Mckendrick
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Welfare Benefits Team - Phoenix & Norcas

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Total Posts: 279

Joined: 16 March 2012

I attended an ESA First Tier Tribunal on Tuesday where client was recovering from a broken leg and still had to use crutches for walking/swinging through. Obviously argued the walking descriptors but also argued that 1(b) ie ‘Cannot mount or descent two steps unaided by another person etc’ actually meant that the client was expected to climb up or go down two (2) steps in one (1) movement ie avoiding the first step further arguing that if the descriptor required one step at a time then it would make this perfectly clear! The Tribunal did not award any points for walking but did award 9 points for the said descriptor. I wonder if the 2 step in one movement is worth further arguing in future!