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

Client who can’t dress himself

Ted Cardos
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Corporate Department/Kirkland & Ellis International LLP

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So I have a client that has had a previous fusion of his lumar spine, and medical reports indicating further degeneration up the spine that will require further surgery.  He is effectively unable to bend down and therefore cannot dress himself.  He was assessed zero points in the WCA, but the report make no reference to the medical evidence about his back.  It also selective refers to the fact that the client can dress his upper half (as if that is relevant to whether he can actually dress himself - very few jobs where you only need to dress your upper half). 

My main question is that despite the fact that he cannot dress himself, I do not see any obvious candidates for activities that fit.  One thought I had is whether activity 4 (picking up and moving) could be relied on?  The description is ambiguous as to what level the objects must be before being picked up - if at table height, he could pick the items up, but if from the floor, there is no way he could do so.  Is there any case law on this issue?

Thanks in advance.

ClairemHodgson
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Solicitor, SC Law, Harrow

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from what you say, he has no problems with sitting/standing, or mobilising?

Ted Cardos
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Corporate Department/Kirkland & Ellis International LLP

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No, he does have problems with sitting/standing and mobilising.  Based on the WCA Manual I think I will focus on Activities 1 and 2, as I think he can get to 18 points.

ClairemHodgson
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Solicitor, SC Law, Harrow

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Ted Cardos - 14 July 2016 06:19 PM

No, he does have problems with sitting/standing and mobilising.  Based on the WCA Manual I think I will focus on Activities 1 and 2, as I think he can get to 18 points.

that would make sense…..

BC Welfare Rights
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The Brunswick Centre, Kirklees & Calderdale

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Ted Cardos - 12 July 2016 07:10 PM

My main question is that despite the fact that he cannot dress himself, I do not see any obvious candidates for activities that fit.  One thought I had is whether activity 4 (picking up and moving) could be relied on?  The description is ambiguous as to what level the objects must be before being picked up - if at table height, he could pick the items up, but if from the floor, there is no way he could do so.  Is there any case law on this issue?

I’m not sure if there is any case law on this, what I have seen relates to whether someone could do it with only one functioning arm, but the WCA Handbook is not helpful:

“This activity relates mainly to upper limb power; however joint movement and co-ordination may also have to be considered. It is intended to reflect the ability to pick up and transfer articles at waist level, i.e. at a level that requires neither bending down and lifting, nor reaching upwards. It does not include the ability to carry out any activity other than picking up and transferring”