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DLA QUESTIONS

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10 years 3 months ago - 10 years 3 months ago #115677 by Mel B
DLA QUESTIONS was created by Mel B
Hello

Could you please help me with the definitions of the mobiity component.

Virtually unable to walk. ( DLA )

For the higher rate there are four considerations, what i cannot get my head around is the part which states : they can make progress without severe discomfort, they are virtually unable to walk !!?

The test is of the persons ability to walk out of doors without server discomfort, not the capacity to walk with severe discomfort.

Any walking with servere discomfort is ignored !!?

If a person can walk say 34 / 50 meters without any servere discomfort and then after that distance has servere discomfort where does that claim stand?

If a person cannot walk any distance but is in servere discomfort to start off with and gets worse , same question?

The base point is a total inability to walk. it is extended to take in people who can technically walk but only to an insignificant extent.

What does technically walk mean please !!?

If one fails three of the considerations but passes on one what would be the position then? no award or award ?

Many thanks

Melb
Last edit: 10 years 3 months ago by bro58.

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  • bro58
10 years 3 months ago - 10 years 3 months ago #115690 by bro58
Replied by bro58 on topic DLA QUESTIONS

Mel B wrote: Hello

Could you please help me with the definitions of the mobiity component.

Virtually unable to walk. ( DLA )

For the higher rate there are four considerations, what i cannot get my head around is the part which states : they can make progress without severe discomfort, they are virtually unable to walk !!?

The test is of the persons ability to walk out of doors without server discomfort, not the capacity to walk with severe discomfort.

Any walking with servere discomfort is ignored !!?

If a person can walk say 34 / 50 meters without any servere discomfort and then after that distance has servere discomfort where does that claim stand?

If a person cannot walk any distance but is in servere discomfort to start off with and gets worse , same question?

The base point is a total inability to walk. it is extended to take in people who can technically walk but only to an insignificant extent.

What does technically walk mean please !!?

If one fails three of the considerations but passes on one what would be the position then? no award or award ?

Many thanks

Melb


Hi M B,

I have edited your post from block capitals to lower case, as block capitals come across as "shouting" to people that use screen readers or similar software.

What this is basically saying is that as there will be some claimants who are physically able to walk, but cannot do so without suffering severe pain and discomfort (or breathlessness) on doing so, that these claimants can still qualify for DLA Mobility under being classed as "Virtually Unable to Walk"

Therefore, if you could say walk 10 metres before the onset of severe pain/discomfort/breathlessness, but could then go on to walk a further 50 metres whilst suffering the severe pain/discomfort/breathlessness, only the initial pain free 10 metres should be counted.

Obviously, if you suffered the severe pain/discomfort/breathlessness from the onset of walking, then no such distanced walked should be counted.

See the DM Guide from 61276 onwards "DLA mobility component - definitions : Unable or virtually unable to walk.

www.gov.uk/government/uploads/system/upl...e/262901/dmgch61.pdf

Distance, Speed, Time Taken and Manner of Walking should also be taken into account.

bro58
Last edit: 10 years 3 months ago by bro58.

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10 years 3 months ago - 10 years 3 months ago #115710 by Mel B
Replied by Mel B on topic DLA QUESTIONS
Sorry Bro my glasses, got them now!

Thanks for that.

I am going to my appeal on Wednesday I have completed a dairy over 28 days on the way my wife helps me and how many times she does so. My rep didnt want to add it to my submission but I am going to take it with me. If the panel ask me about my wife helps and how long / how many times, could I give it to them or read from it.?
Would they accept it on the day or refuse to look at it when they retire to my a judgement?

Cheers

Mel b
Last edit: 10 years 3 months ago by bro58.

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  • bro58
10 years 3 months ago #115712 by bro58
Replied by bro58 on topic DLA QUESTIONS

Mel B wrote: Sorry Bro my glasses, got them now!

Thanks for that.

I am going to my appeal on Wednesday I have completed a dairy over 28 days on the way my wife helps me and how many times she does so. My rep didnt want to add it to my submission but I am going to take it with me. If the panel ask me about my wife helps and how long / how many times, could I give it to them or read from it.?
Would they accept it on the day or refuse to look at it when they retire to my a judgement?

Cheers

Mel b



Hi MB,

If you choose to present evidence on the day (other than 1-2 A4 pages) there is always the danger that the Tribunal panel will not take it into consideration.

If you do have evidence for the day, you should speak to The Clerk on your arrival.

Ideally, any evidence presented on the day should be given to The Clerk, and you should have 5 copies, one for you, one for a Presenting Officer if there is one present, and one each for the three members of the Tribunal Panel.

bro58

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10 years 3 months ago - 10 years 3 months ago #115714 by Mel B
Replied by Mel B on topic DLA QUESTIONS
Hi Bro

Its just a half a A4
Last edit: 10 years 3 months ago by bro58.

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  • bro58
10 years 3 months ago #115715 by bro58
Replied by bro58 on topic DLA QUESTIONS

Mel B wrote: Hi Bro

Its just a half a A4


Hi MB,

In that case make 5 copies, hand 4 to The Clerk on arrival.

Hopefully they will consider it, please update us after the hearing.

bro58

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