FTT states in the Statement of Reasons for the decision..."As regards bending and kneeling the Appellant told us that he avoids this activity. If however he had to he could manage onto his knees and would hold onto furniture to rise. Since points under descriptor 3C can only be awarded where the help of another person is required clearly the Appellant did not qualify since he does not need such help to bend and kneel then rise."

Does any of my more experienced ESA colleagues on here think there is any mileage in pursuing this finding on the basis that use of furniture would indicate human intervention is necessary where such furniture is not easily accessible. Or am I just being a little bit desperate?

It is certainly worth an appeal as the interpretation of this, and other similar descriptors, must be open to some element of reasonableness. It is not particularly easy to see what element of help is supposed to be given (other than what most of us would do for those in difficulty - i.e. pick the item up for them). I could not imagine a lot of the help would be anything other than to provide some sort of support, in the same way as a piece of furniture would. Come to think of it, the help from another person depends on the relative size and strength of both parties.

Let us know how you get on and the best of luck!

It is also worth noting, on a slightly different aspect, that descriptor 4(b) applies where a person cannot put either arm behind his back as if to put on a coat or jacket, but the ESA 50 asks the client if they need assistance from another person to put on a coat or jacket, which is not the same thing. We have had a case where the HCP observed that the client had difficulty putting on his jacket, but did not need assistance from another person - the tribunal accepted that this was not the test for the descriptor, and the clinical findings (both hands could only reach the small of his back) supported a finding that he could not put either hand far enough behind his back AS IF to put on a jacket, so scored 15 points

Brian

Thanks Brian. That's helpful; I think I'll give it ago and seek leave to appeal.