ESA descriptor 5 (d)

A client recieved 12 points at an FtT, 6 for incontinence and 6 for not able to reach both arms over her head.

She was awarded no points for being unable to use a keyboard, the judge stated she was capable of using a keyboard with one finger.

Are there any guidelines or regulations that detail what use of keyboard counts as being ‘capable’?

Thank you

On one of the recent TV programmes on ESA/WCA, the instructing ATOS person who was filmed undercover certainly told trainee assessors that being able to use one finger meant that the “using a keyboard” descriptor didn’t apply.

Slightly disappointed to hear that a FTT seems to have agreed with this interpretation (especially in light of the points you say that your client has been awarded). Maybe you need to take the case further and see if you can establish some sensible case-law on what using a keyboard in the context of being assessed for having capability to work actually means.

hi -

CSE/121/2010 found that a tribunal was in error in holding that claimant who could use a keyboard with one hand but couldn’t carry out functions that needed two hands, e.g. using the shift key to form capital letters, was able to use a keyboard -

here’s a link to briefcase summary -

http://www.rightsnet.org.uk/briefcase/summary/ability-to-use-keyboard-with-one-hand-use-of-broad-approach-in-assessing-de/

As there are a number of requirements to press two or three keys at the same time for computer use (and I dont think there are many typewriters in use now) then I think any 1-finger decisions are challengeable.