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universal credit, paragraph 4 of schedule 9 to the Universal Credit

boristheblonde

why did a tribunal not apply this above
when i have degenerative joint disease
and also have risk of knees giving way due to injury

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Comments

calcotti

It doesn’t follow from what you have said that the relevant paragraph applies.

boristheblonde

follow what exactly ?
is OA not a specific disease?
The claimant is suffering from a specific illness, disease or disablement by reason of which there would be a substantial risk to the physical or mental health of any person were the claimant found not to have limited capability for work and work-related activity

calcotti

It doesn’t necessarily follow there is substantial risk. there may be such risks in specific jobs but not for all jobs. The risk of falling does not preclude a sedentary job.

I am not saying it doesn’t apply to you because I don’t know your situation, just that a degenerative joint disease is not necessarily going to mean that there is substantial risk.

boristheblonde

never mind i think i understand lol
"posted before your reply"

boristheblonde

tried the sedentary job a while ago it only caused aggravating of mechanical back disorder.
i have to be able to move freely as and when needed otherwise i become stuck unable to move. thus putting me on my feet increasing risk with the knees.
would that come into play?

boristheblonde

tears to the meniscus psosibly do however create that "risk" due to knees buckling. if surgery was advised. but not done due to hospital suggesting thus would make me worse.
stuck between a rock and a....

calcotti

boristheblonde said:

tried the sedentary job a while ago it only caused aggravating of mechanical back disorder.
i have to be able to move freely as and when needed otherwise i become stuck unable to move. thus putting me on my feet increasing risk with the knees.
would that come into play?

Yes, that’s relevant. You would then need to explain what happens if you sit for a bit, then stand so that you don’t get stuck, and then sit again. How long could you sit, what happens when you then stand etc.

See the Standing and Sitting Activity.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/925097/wca-handbook.pdf

boristheblonde

thanks i think that there is my error in law ive had difficulty explaining these problems due to variability

calcotti

The assessment is supposed to consider what you can do on the majority of days and if it varies throughout the day for a reasonable continuous period.
The concept of repeatedly, reliably and safely must be taken into account.

boristheblonde

my assessment was a joke.

boristheblonde

reasonable continuous period.?

boristheblonde

I’ve not disregarded anything, any help I’ve had I’ve used in getting to where I am now.
ive had the face to face, and got no award for
then I reapply with success.
I’m using the above link which is a lot of information.
easier if I just ask the question.
So many different views on the system.

But thanks for the input regardless