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

Limited capability for work related activity descriptor 7 (sensory impairments) - caselaw?

Louise T
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Supporting People, Sight Support (Pontypool)

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Joined: 16 February 2012

I am currently preparing a case for appeal, where the claimant is appealing the decision to place him in the Work Related Activity group on the grounds that, in addition to being registered blind, he is also very hard of hearing and (while okay in a quiet environment) he is unable to hear in a crowded/busy/noisy environment and therefore cannot hear with reasonable regularity.

I’m looking for caselaw.  In particular, I’m looking for a copy of CIB/590/1998. Does anyone have a copy or know of how I could get hold of a copy?

Any suggestions about other appropriate caselaw would also be welcomed.

Thanks.

Gareth Morgan
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CEO, Ferret, Cardiff

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It’s on our CD-Rom of SS Law and relates to the substitution of points by the Commissioner in an all work test.

Louise T
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Supporting People, Sight Support (Pontypool)

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Thanks! How do I get hold of a copy?

Gareth Morgan
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CEO, Ferret, Cardiff

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Email me at .(JavaScript must be enabled to view this email address) and I’ll send it to you (together with an ad for the CD-Rom)

alban
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Turn2us, London

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I know you specifically asked for caselaw, but are you aware of the offiical ATOS guidance about interpretation of this activity?  in my experience tribunals have been happy to follow its advice

http://www.rightsnet.org.uk/news/story/revised-guidance-to-health-care-professionals-on-wca-activity-7-understandi/

Presumably the schedule 3 descriptor that applies is
“Understanding communication by hearing, lip reading, reading 16 point print or using any aid if reasonably used.
Cannot understand a simple message due to sensory impairment, such as the location of a fire escape”

It might be worth contacting RNIB for further advice

Louise T
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Thank you!

Sorry for the late reply, I haven’t received notifications of additions to this thread :s

Very useful, thanks so much.