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moving a large box
- derek
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10 years 5 days ago #134457 by derek
moving a large box was created by derek
We stated on ESA 50 that due to hemiplegia my daughter cannot move a large box.
At the face to face medical this was not queried or tested.
The decision maker made no reference to this and no points were awarded. Her ESA was stopped because she had only 12 points from other areas.
I wrote asking for a mandatory reconsideration on this point amongst others. I stated that we had just checked this with a box measuring 52x46x26 cm and my daughter could not lift it.
The mandatory reconsideration upheld the original decision without any reference to the box test in the letter. How large is a large box?
Before going to appeal is there any simple and quick way to get them to address this matter. She only needs 3 more points!
At the face to face medical this was not queried or tested.
The decision maker made no reference to this and no points were awarded. Her ESA was stopped because she had only 12 points from other areas.
I wrote asking for a mandatory reconsideration on this point amongst others. I stated that we had just checked this with a box measuring 52x46x26 cm and my daughter could not lift it.
The mandatory reconsideration upheld the original decision without any reference to the box test in the letter. How large is a large box?
Before going to appeal is there any simple and quick way to get them to address this matter. She only needs 3 more points!
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- Gordon
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10 years 5 days ago #134459 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic moving a large box
DO
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I've done a quick search and as I understand it hemiplegia affects only one side of the body and to varying degrees, forgive me if this is an over simplification.
There is no definition of the size of the box being considered, it is reasonable to assume that it is greater than 30cm cubed, too big for someone to pick it up with the hand (see below) but is probably not larger than 60cm cubed which would be approaching the limit that an able bodied person could lift.
It is important to understand the Descriptor and the guidance issued by the DWP.
The Descriptor reads
The guidance adds
Important points to bear in mind when providing an answer to this.
- Although the Descriptor refers to "arms" (plural), this is taken to mean both arms and/or either arm. If you have only shown that she is only restricted to in picking up the box with her impaired arm, then she will not score points, you need to show that she cannot use either or both arms to achieve it.
- The box is considered to be at waist height, this removes many of the issues that someone picking it up from ground level would encounter in terms presenting themselves in a suitable manner to accomplish this.
- the use of the upper body to assist in the lifting is considered so even the use of one hand is not required in order to achieve the lift if this can be achieved by using the fore arm to hold the box against the body.
To score points you must show that your daughter is unable to lift a box, despite all of the above points.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
I've done a quick search and as I understand it hemiplegia affects only one side of the body and to varying degrees, forgive me if this is an over simplification.
There is no definition of the size of the box being considered, it is reasonable to assume that it is greater than 30cm cubed, too big for someone to pick it up with the hand (see below) but is probably not larger than 60cm cubed which would be approaching the limit that an able bodied person could lift.
It is important to understand the Descriptor and the guidance issued by the DWP.
The Descriptor reads
4. Picking up and moving or transferring by the use of the upper body and arms.
(c) Cannot transfer a light but bulky object such as an empty cardboard box. 6 points.
The guidance adds
This activity relates mainly to upper limb power; however joint movement and co-ordination may also have to be considered. It is intended to reflect the ability to pick up and transfer articles at waist level, i.e. at a level that requires neither bending down and lifting, nor reaching upwards.
Important points to bear in mind when providing an answer to this.
- Although the Descriptor refers to "arms" (plural), this is taken to mean both arms and/or either arm. If you have only shown that she is only restricted to in picking up the box with her impaired arm, then she will not score points, you need to show that she cannot use either or both arms to achieve it.
- The box is considered to be at waist height, this removes many of the issues that someone picking it up from ground level would encounter in terms presenting themselves in a suitable manner to accomplish this.
- the use of the upper body to assist in the lifting is considered so even the use of one hand is not required in order to achieve the lift if this can be achieved by using the fore arm to hold the box against the body.
To score points you must show that your daughter is unable to lift a box, despite all of the above points.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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