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

mobilising and CSIB/12/1996

slaw
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Macmillan benefits advice team - Oldham CAB

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Total Posts: 88

Joined: 10 August 2010

My client recently lost an ESA appeal.  In the statement of reasons the judge states that the tribunal felt my client could use a wheelchair.  The GP clearly states in the appeal papers that he feels using a wheelchair would be detrimental to my client’s health CPAG states (p.203) that this should be taken into account and client should be treated as being incapable of the activity.  CSIB/12/1996 is cited via footnote.  I cannot find this anywhere.  Can anyone point me in the right direction.  Has anybody got a copy?

Altered Chaos
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Operations & Advice Manager - Citizens Advice Taunton

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I too cannot find a link to the entire decision however have found various references to it on here: http://www.disabilityrightsuk.org/pcalaw.htm

CSIB/12/1996 states that if there is a real risk which would deter a reasonable person from doing an activity, then it is legitimate to say they cannot do the activity.

slaw
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Macmillan benefits advice team - Oldham CAB

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I was e-mailed a copy of this decision after enquiring with HMCTS.  For anyone interested, please find the decision attached

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shawn mach
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rightsnet.org.uk

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cheers slaw .... have also added to toolkit @

http://www.rightsnet.org.uk/toolkit/commissioners-decisions