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

manual dexterity

mai
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fermanagh cab northern ireland

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Joined: 11 August 2010

I am currently helping client with appeal for ESA, client lost the top of his index middle and ring finger on his L hand at an accident I work. Client is R handed and has no problems with his right hand. He currently has 6 points and want to try to get him points for use of keybroad which was give him 9 ponts. Has anyone any experince in using this discriptor, I am worried that they will find that he can do this with his R and therefore does not meet conditions of entitlement. Any help here would be useful

Nicky
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Supervisor Welfare Benefits, Barrow-in-Furness, Citizens Advice Bureau

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Is there any reason he can’t use a keyboard or mouse with his “good” hand?

Mark Willis
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Welfare rights worker - CPAG in Scotland

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Hi Mai

See 2010 UKUT 245 AAC (CSE 121 2010) http://www.osscsc.gov.uk/Aspx/view.aspx?id=3007  for a discussion of this descriptor and the use of one hand only.

Mark

mai
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fermanagh cab northern ireland

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Thanks for that mark

I had the appeal today and waiting on the outcome, I take on board the point that why cant he do it with his good hand? well he can, there are not problems with his good hand. I was using the issues outlined on the CD’s reason reg and effective use of the keyboard with both hands,  the discriptor does not indicte if it can be used with ‘either hand’ so though the it worthwhile to explore this with the panel . Will let you know of the appeal outcome

ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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and this one, to similar effect (different number in citation, so i assume different case from the one cited above)

http://www.bailii.org/uk/cases/UKUT/AAC/2010/244.html