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driving and part two of ESA50

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11 years 3 months ago - 11 years 3 months ago #116760 by petrocelli
driving and part two of ESA50 was created by petrocelli
Hi all. I’ve done a search and couldn’t find anything to match.

I wonder if anyone can advise re; driving and part two of ESA50/questions at F2F, if you use a vehicle to do shopping on your own on good days, but don’t go out the front door on bad days, not even to get into car?

Many thanks

P.
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago #116765 by Gordon
Replied by Gordon on topic driving and part two of ESA50

petrocelli wrote: Hi all. I’ve done a search and couldn’t find anything to match.

I wonder if anyone can advise re; driving and part two of ESA50/questions at F2F, if you use a vehicle to do shopping on your own on good days, but don’t go out the front door on bad days, not even to get into car?

Many thanks

P.


There does not appear to be any Case Law in this area and even the WCA Handbook only has limited entries (awareness of hazard and learning tasks).

I think you have to look a it in the context of the task being carried out and how the underlying condition presents. Two simplistic examples;

So if the problem is with going out and/or being in contact with people that you do not know, then it would be difficult to see how the car is of assistance as it merely reduces the exposure, but does not remove it as you will still be doing the shopping.

However, if the problem is in regard to open spaces, then you could argue that the car allows you to stay "inside", and if you drove to a shopping mall (inside) with enclosed parking then this would also be considered inside.

The biggest problem is the variability, are you saying that "sometimes" have the problem and by inference, sometimes you do not, or are you saying "it varies", you always have the problem, but on some occasions you can achieve things that at other times you could not?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 3 months ago - 11 years 3 months ago #116768 by petrocelli
Replied by petrocelli on topic driving and part two of ESA50
Hi Gordon and thanks.

The problem fluctuates and on occasions I can achieve things that at other times I cannot, the same with people!!!!!!!!!!!!

P.
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago - 11 years 3 months ago #116770 by Gordon
Replied by Gordon on topic driving and part two of ESA50

petrocelli wrote: Hi Gordon and thanks.

The problem fluctuates and on occasions I can achieve things that at other times I cannot, the same with people!!!!!!!!!!!!

P.


Then you should explain this on the form, it sounds like the car allows you to minimise the Social Contact, without putting words in your mouth, I assume that you would not be able to do the shopping if it were not for the car as you could not manage the journey otherwise because of the opportunity for contact.

The key thing with "it varies" is to fully explain the frequency and circumstances under which you can do something, so again as an example; if it only on a particular day, or you need three days of your symptoms at a particular level, then these are the things to include. Also turning it around, it is also important to explain the circumstances when you cannot do something, don't leave the assessor and DM to make their own assumptions.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by Gordon.
The following user(s) said Thank You: Pipp

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11 years 3 months ago #116772 by petrocelli
Replied by petrocelli on topic driving and part two of ESA50
Thank you so very much Gordon, you’ve been a great help.

It’s always the fear of contradicting yourself, without realising it, if you know what I mean!!!!!

P.

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