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Sitting/Bending & kneeling – What is taken into consideration?
Hi all…confused!!
I have a client who is currently appealing against a decision that has found her fit for work (ESA). Client suffers with severe pain in her stomach and looses control of her bowels if she is unable to get to the toilet on time. Her condition is still being investigated and she does not yet have a diagnosis.
She was awarded 6 points under 10(a)(vi), rightly so. However, client tells me that she is unable to sit for longer than 15 minutes or bend due to severe pain in her stomach.
What i am struggling with is whether or not we could challenge the decision based on the fact that she cannot bend or sit because of stomach pain.
I have looked at the ESA handbook for the medical services under ‘scope’. However, it appears that when considering sitting and bending only problems with spine, hips, back etc, etc are taken into consideration.
Has anyone had a case similar?
I would be grateful for any feedback relating to this.
No replies…getting paranoid now…is this a silly question!?
Not silly at all.
I don’t see why your client’s stomach pain can’t be taken into account in relation to sitting even if it isn’t a result of a ‘mechanical’ problem such as back ache. I have a similar case (posted quite recently but can’t do links)- a client with nausea due to a chronic stomach condition- and had some useful replies. I’ve asked my client to keep a diary to show the relationship between certain tasks and the onset of nausea and it might be helpful if your clien did something similar
I can’t see any reason why a tribunal can’t award points for the descriptor as long as they are satisfied that the act of sitting results in your client’s stomach pains.
Not silly at all.
I don’t see why your client’s stomach pain can’t be taken into account in relation to sitting even if it isn’t a result of a ‘mechanical’ problem such as back ache. I have a similar case (posted quite recently but can’t do links)- a client with nausea due to a chronic stomach condition- and had some useful replies. I’ve asked my client to keep a diary to show the relationship between certain tasks and the onset of nausea and it might be helpful if your clien did something similar
I can’t see any reason why a tribunal can’t award points for the descriptor as long as they are satisfied that the act of sitting results in your client’s stomach pains.
Phew, thanks I thought I was asking a really silly question for a moment!!
That’s great news, I will ask her to keep a diary, that’s a good idea. What was the title of your last post I will try and search for it?
Thank you for your helpful advice!!
hi - couldn’t find your thread 1964 - could you say what title is?
cheers ros
The ESA handbook is guidance for ATOS doctors - it is not the law - although it is a different descriptor this decision might be helpful - CE/1839/2010 — Activity 1 - whether inability to walk without severe discomfort relevant - is in briefcase.
Go back to the descriptor - if your client cannot sit for more than 30 because the degree of discomfort means they cannot continue to sit and the discomfort is caused by a physical problem (the law does not specify any particular physical problem) then it applies, and again with bending - so I would appeal - good luck
Problem will then be the new test!
I had a very similar situation at appeal recently. The diary was really helpful to show how many times per day and how many days per week this was a problem. I also wrote in my submission that if a client cannot do the activity with reasonable regularity then it could be deemed that they are awarded the points.
In my clients case, we were able to show that the discomfort wasnt just after eating, or only at a specific point of the day.
It also raised the point of being able to socialise, as my client felt anxious about people commenting on his frequent trips to the toilet. In one workplace it had been suggested he was drug addicted.
Needless to say we won the case.
Cookie- it was ‘WCA appeal- fitting descriptors’ and last post on the thread was 2/3/11. One day I’ll learn to do links!
here’s a link to the thread -
Thanks for all your input everyone, it’s very helpful!
Thanks for finding the link Ros :o)
1964…we are in the same boat I have no idea how to do links etc etc!!