Forum Home → Discussion → Work capability issues and ESA → Thread
Making self understood Descriptor
The descriptor makes reference to the claimant making themselves understood “through speaking, writing, typing, or other means normally used, unaided by another person”. This was a change to the pre March 2011 descriptor which only referred to speech. The change was intended to address the apparent problem that the original descriptors suggested that somebody who was unable to speak is inherently unable to work.
I have a client who has significant speech difficulties but who can write. I am looking to run the argument that whilst he is able to write, the difficulties with his speech mean that he has some difficulty in conveying a simple message and that he should score 6 points.
Medical Services Handbook suggests that somebody who is able to write but not speak should be carrying pen and paper with them and so should not score any points. My feeling is that this goes further than what the descriptor states. I’ve done a search of the Tribunals Service database and nothing comes up for this descriptor. Does anyone know of any decisions that might support (or contradict) this argument?
Thanks!
Found this, if it helps