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ESA Descriptor Standing and Sitting
- Carey
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10 years 4 months ago #128197 by Carey
ESA Descriptor Standing and Sitting was created by Carey
I would like some clarification for the ESA descriptor Standing and Sitting. Does this specifically relate to a work station and therefore to do a task or just in general. I ticked that I could not stand or sit for more than 30mins. I have not been awarded any points for this descriptor. I have chronic fatigue and pace myself so that I do activities for 30mins or less. I assumed that this meant stand and sit in order to do something, not just stand and sit and rest, so I wrote a lot about the way I carry out tasks. But I also said that I sit in an armchair or on the sofa to rest.
Yet, I have been awarded 6 points for Starting and Finishing a task even though I ticked the box indicating that I have no difficulty with this. I understand that Starting and Finishing a task is the mental capacity to do so. I have the mental capacity, but not the physical capacity. In the Mandatory Reconsideration Notice they have cited the text that I have written for Standing and Sitting under Starting and Finishing a task. But I am confused by this.
I am making an appeal to tribunal and I don’t know if I should dispute the fact that I have not been awarded any points for Standing and Sitting, I am hoping to be awarded 9 points for this.
Can any one offer any clarification for this or advice? Many thanks.
Yet, I have been awarded 6 points for Starting and Finishing a task even though I ticked the box indicating that I have no difficulty with this. I understand that Starting and Finishing a task is the mental capacity to do so. I have the mental capacity, but not the physical capacity. In the Mandatory Reconsideration Notice they have cited the text that I have written for Standing and Sitting under Starting and Finishing a task. But I am confused by this.
I am making an appeal to tribunal and I don’t know if I should dispute the fact that I have not been awarded any points for Standing and Sitting, I am hoping to be awarded 9 points for this.
Can any one offer any clarification for this or advice? Many thanks.
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- Gordon
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10 years 3 months ago #128228 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Descriptor Standing and Sitting
Carey
The Standing and Sitting Descriptor requires the claimant to remain at a workstation, there is an assumption that they will be doing something, however, this is not part of the Descriptor and is therefore not subject to test.
As long as the claimant remains at the workstation the time counts, time spent standing and/or sitting is accumulated, so if you start sitting and then have to stand then the clock continues (or vice versa), in fact you can do this repeatedly and the clock will continue, it is only when the claimant has to move away from the workstation to avoid significant discomfort or exhaustion that the clock stops.
This is explained in detail in our ESA Claim guide
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
The Standing and Sitting Descriptor requires the claimant to remain at a workstation, there is an assumption that they will be doing something, however, this is not part of the Descriptor and is therefore not subject to test.
As long as the claimant remains at the workstation the time counts, time spent standing and/or sitting is accumulated, so if you start sitting and then have to stand then the clock continues (or vice versa), in fact you can do this repeatedly and the clock will continue, it is only when the claimant has to move away from the workstation to avoid significant discomfort or exhaustion that the clock stops.
This is explained in detail in our ESA Claim guide
www.benefitsandwork.co.uk/help-for-claimants/esa1
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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