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Neutral Citation Number:
Reported Number:	R(IB)6/04
File Number:	CIB 3814 2001
Appellant:
Respondent:
Judge/Commissioner:	Judge A. Lloyd-Davies
Date Of Decision:	20/12/2002
Date Added:	08/07/2004
Main Category:	Incapacity benefits
Main Subcategory:	activity 4: standing
Secondary Category:
Secondary Subcategory:
Notes:	Incapacity for work - personal capability assessment - whether "standing" -means standing stock still The claimant appealed against a decision of a tribunal confirming an award of 12 points on the personal capability assessment. The sole matter in issue before the Commissioner was the tribunal's treatment of the activity of standing (activity 4 in the Schedule to the Social Security (Incapacity for Work) (General) Regulations 1995 SI No. 311), upon which the tribunal found the claimant scored no points. The tribunal had found the claimant's statement that he could stand for one hour while doing the ironing incompatible with his having to sit down and that the movements the claimant made while ironing did not constitute moving around. It was common ground that the tribunal had fallen into error in as much as it considered whether the claimant could stand without having to move around, but had not properly considered whether the claimant could stand without having to sit down. Each of the descriptors under activity 4 contained the phrase "cannot stand for more than [a period of time] before needing [to sit down] [to move around]". The submission on behalf of the claimant was to the effect that standing meant standing stock still. Held, allowing the appeal, that: 1. it was necessary when the standing activity was in issue to consider both the requirement to move about and the requirement to sit down; CSIB/60/1996 followed; 2. the quasi-involuntary movements that most people make in standing for prolonged periods did not count as moving around for the purposes of the assessment; 3. in considering the descriptors under activity 4 a tribunal should concentrate on how long a claimant could stand before needing or having to move around or sit down, usually because of pain; 4. the tribunal had not fully considered whether during a session of one hour's ironing the claimant would need to move around or sit down because of his back pain. The Commissioner substituted his own decision on the evidence awarding a further 3 points for the activity of standing.
Decision(s) to Download:	R(IB) 6_04 bv.doc