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Key requirements

  1. Entitlement to ESA or Universal Credit on the basis of being unable to work is decided by the difficulties experienced and help needed with very specific tasks - not a diagnosis. This includes help they need but do not get, or help they give themselves - like taking a rest, or using an appliance.
  2. The legal test is can they do a task
    ●    safely (without it causing pain, breathlessness or discomfort)
    ●    to an acceptable standard, and
    ●    in a reasonable time.
  3. Entitlement is based on whether they have these difficulties more than 50% of the time.
  4. The best evidence explains which specific work capability assessment descriptors the claimant meets (listed and explained below).

Why take the time to provide effective evidence?

 

  1. Evidence from medical staff and other professionals helps the DWP or the tribunal to come to the right decision. 
  2. Making sure your patient/client has effective evidence helps them to avoid the cycle of poverty associated with not getting the correct amount of benefit.
  3. Providing useful and detailed evidence reduces the likelihood of repeated requests, saving you time in the long run.

1)  Consider if the claimant could reasonably be expected to manage finding a job, going to work, or doing all the things they need to do in order to claim Jobseeker’s Allowance or Universal Credit. 

Your client can be entitled to these benefits if the panel recognise they face a substantial risk from being found fit to work even if they don’t meet enough of the descriptors below. For example, if they sometimes have seizures, violent outbursts, frequent falls, suicidal thoughts, delusions, or need supervision to stay safe, it would arguably be dangerous for them to be forced to travel and work without supervision.  

Or if they would be unable to look for jobs, and go to meetings on time and without fail (perhaps because of depression or confusion) there is a substantial risk that their benefit payments would stop and they would be unable to feed or care for themselves. If the stress of looking for a job or going to work might make their health worse, that can be counted too. Details of them failing to make appointments with professionals may also be helpful evidence into the difficulties they have. 

If you can see that any of this applies to your service user please write in your evidence that ‘Looking for work or working poses a substantial risk to the health and well-being of [name of patient/client] because of….

2) Consider if your patient/client could reasonably be expected to manage going to the meetings/ training sessions they need to, to continue getting the benefit if they are put in the ‘work-related activity group’ (in ESA) or ‘limited capability for work’ group (in Universal Credit). 

If you are concerned that they will not manage it, include a sentence along the lines of ‘Being obliged to do work-related activity also poses a substantial risk to their health and well-being because of….’

Next, confirm which activities the claimant has difficulty with and why (see next section)

If you are able to confirm which descriptor they meet, even better.

If your patient/client could do the activity described but not for a reasonable, continuous period, or sometimes, but not on most days, it counts as being unable to do it. For example, if they can stand and walk for 50 meters, but they can only do it a few times in a day, it hurts them, or they wouldn’t be able to do it the next day, the law sees this as not being able to walk for 50 metres.

If you are a medical professional, please also confirm any diagnosis, investigations, treatment or medication.

If your patient has told you what descriptors they meet

  • If your patient has told you what descriptors they meet, please confirm all those you can in your evidence. 
  • If you do not understand why they meet a descriptor, please ask them.
  • If you cannot confirm a descriptor your patient has indicated they meet, but can confirm another in that activity, please include that. 
  • If you cannot confirm any from that activity, please just leave it out as your patient may have evidence from someone else who knows more about their problems with this activity.

If you are writing evidence for an appeal

If you are writing evidence for an appeal, the appeal is about a decision that was made probably 6 months to a year ago. Your evidence needs to be about how their illness, treatment or disability affected them at that time. 

Activity 1: Moving around without the help of another person – including using a walking stick, manual wheelchair or other aid you could use.

Descriptors:
(a) Cannot move more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot repeatedly move 50 metres within a reasonable timescale because of significant discomfort or exhaustion - 15 Points
(b) Cannot go up or down two steps without the help of another person, even with the support of a handrail - 9 Points
(c) Cannot move more than 100 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 9 Points
(d) Cannot move more than 200 metres on level ground without stopping in order to avoid significant discomfort or exhaustion, or cannot do it repeatedly within a reasonable timescale because of significant discomfort or exhaustion - 6 Points


Activity 2: Standing and sitting

Descriptors:
(a) Cannot move between one seated position and another seated position located next to one another without receiving physical help from another person -15 Points
(b) Cannot, for the majority of the time, remain at a work station, either:
(i) standing without help from another person (even if free to move around); or (ii) sitting, even in an adjustable chair, or (iii) a combination of standing and sitting, for more than 30 minutes, before needing to move away in order to avoid significant discomfort or exhaustion - 9 Points
(c) Cannot, for the majority of the time, remain at a work station, either:
(i) standing unassisted by another person (even if free to move around); or (ii) sitting, even in an adjustable chair, (iii) a combination of standing and sitting,  for more than an hour before needing to move away in order to avoid significant discomfort or exhaustion - 6 points


Activity 3: Reaching

Descriptors:
(a) Cannot raise either arm as if to put something in the top pocket of a coat or jacket - 15 Points
(b) Cannot raise either arm to top of head as if to put on a hat - 9 Points
(c) Cannot raise either arm above head height as if to reach for something - 6 Points


Activity 4: Picking up and moving or things using your upper body and arms

Descriptors:
(a) Cannot pick up and move a 0.5 litre carton full of liquid - 15 Points
(b) Cannot pick up and move a one litre carton full of liquid - 9 Points
(c) Cannot transfer a light but bulky object such as an empty cardboard box - 6 Points

 

Activity 5: Using your hands

Descriptors:
(a) Cannot press a button or turn the pages of a book with either hand - 15 Points
(b) Cannot pick up a £1 coin with either hand - 15 Points
(c) Cannot use a pen or pencil to make a meaningful mark - 9 Points
(d) Cannot use a suitable keyboard or mouse - 9 Points


Activity 6: Making yourself understood through speaking, writing, typing, or other means, without help from someone else

Descriptors:
(a) Cannot convey a simple message, such as the presence of a hazard - 15 Points
(b) Has significant difficulty conveying a simple message to strangers - 15 Points
(c) Has some difficulty conveying a simple message to strangers - 6 Points

 

Activity 7: Understanding communication by either verbal means (such as hearing or lip reading) and non-verbal means (such as reading large print), using anything to help that you could use (glasses, hearing aid etc), without help from someone else

(For the descriptors below, you only have to show that you have difficulty or are unable to understand a spoken or written message, and not both).
Descriptors:
(a) Cannot understand a simple message due to sensory impairment, such as the location of a fire escape - 15 Points
(b) Has significant difficulty understanding a simple message from a stranger due to sensory impairment - 15 Points
(c) Has some difficulty understanding a simple message from a stranger due to sensory impairment - 6 Points


Activity 8: Finding your way and being safe, using a guide dog or other aid if normally used

Descriptors:
(a) Unable to find your way around familiar places, without the help of another person, due to sensory impairment - 15 Points
(b) Cannot safely cross the road (or complete another potentially dangerous task), without the help of another person, due to sensory impairment - 15 Points
(c) Unable to find your way around unfamiliar places, without the help of another person, due to sensory impairment - 9 points


Activity 9: Extensive incontinence (other than bed-wetting) despite using any aids normally used

Descriptors:
(a)At least once a week experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points
(b) At least once a month experiences loss of control leading to incontinence, or substantial leakage of the contents of a collecting device, so that you need to wash and change your clothes -15 Points (This doesn't entitle you to be in the Support or  LCWRA group but descriptor above does.)
(c) At risk of incontinence, bad enough for you to need to wash and change your clothes, if you are not able to reach a toilet quickly - 6 Points


Activity 10: Consciousness during waking moments

Descriptors:
(a) At least once a week, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 15 Points
(b) At least once a month, has an involuntary episode of lost or altered consciousness that causes significant reduction in awareness or concentration - 6 Points

Activity 11: Learning tasks

Descriptors:
(a) Cannot learn how to complete a simple task, such as setting an alarm clock - 15 Points
(b) Cannot learn anything beyond a simple task, such as setting an alarm clock - 9 Points
(c) Cannot learn anything beyond a moderately complex task, such as the steps involved in operating a washing machine - 6 Points
 

Activity 12: Awareness of everyday hazards (such as boiling water or sharp objects)

Descriptors:
(a) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need supervision most of the time to stay safe - 15 Points
(b) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage property or possessions, so that they need frequent supervision to stay safe - 9 Points
(c) Reduced awareness of everyday hazards so that there is a significant risk that they will hurt themselves or others, or damage to property or possessions, so that they occasionally need supervision to stay safe - 6 Points


Activity 13: Difficulty with planning, organisation, problem solving, prioritising, or switching tasks without needing help from somebody else

Descriptors:
(a) Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
15 Points
(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
9 Points
(c) Frequently cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions.
6 Points

 

Activity 14: Coping with change

Descriptors:
(a) Cannot cope with any change to the extent that day to day life cannot be managed - 15 Points
(b) Cannot cope with minor planned change (such as a pre-arranged change to the routine time scheduled for a lunch break), to the extent that overall day to day life is made significantly more difficult - 9 Points
(c) Cannot cope with minor unplanned change (such as the timing of an appointment on the day it is due to occur), to the extent that overall, day to day life is made significantly more difficult - 6 Points


Activity 15: Getting about

Descriptors:
(a) Cannot get to any specified place with which the claimant is familiar -15 Points
(b) Is unable to go to a familiar place without being accompanied by another person - 9 Points
(c) Is unable to go to an unfamiliar place without being accompanied by another person - 6 Points


Activity 16: Coping with social engagement due to cognitive impairment or mental disorder

(This is about your ability to interact with people in face-to-face social situations. It must be more than shyness or being uncomfortable.)
Descriptors:
(a) Engagement in social contact is always impossible due to difficulty relating to others or significant distress experienced by the individual - 15 points
(b) Engagement in social contact with someone unfamiliar is impossible due to difficulty relating to others or significant distress experienced by the individual - 9 Points
(c) Engagement in social contact with someone unfamiliar is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual - 6 Points

 

Activity 17: Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder

Descriptors:
(a) Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(b) Frequently has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 15 Points
(c) Occasionally has uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace - 9 Points

 

Activity 18: Conveying food or drink to the mouth

If any of the below descriptors apply, the claimant should automatically be put in the support group (ESA) or Limited capability for work-related activity group (Universal Credit).
Descriptors:
(a) Cannot get food or drink to own mouth without physical help from someone else
(b) Cannot get food or drink to own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;
(c) Cannot get food or drink to own mouth without needing somebody with you to regularly prompt or remind you
(d) Fails to get food or drink to own mouth without receiving either physical help from somebody else or needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour


Activity 19: Chewing or swallowing food or drink

If any of the below descriptors apply, you should automatically be put in the support group (ESA) or Limited capability for work-related activity group (Universal Credit).
Descriptors:
(a) Cannot chew or swallow food or drink
(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort
(c) Cannot chew or swallow food or drink without needing somebody with you to repeatedly and regularly prompt or remind you
(d) Fails to chew or swallow food or drink or fails to do so without needing somebody with you to regularly prompt or remind you, because of a severe disorder of mood or behaviour

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