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TOPIC: Do they have to give a reason for their dession?

Do they have to give a reason for their dession? 9 years 3 months ago #32858

  • Jox
My friend was refused mobility component after she told them she is unable to walk any distance at all without sever discomfort due to the pain from arthritus in her hips she had 2 doctors saying the same thing.

They replied with "using suitable aids" you can walk slowly in a resonable mannor.

shes now having a reconsideration/appeal where she has wrote a letter stating "even with the use of walking aids" she can not walk any distance at all without sever discomfort because there are no walking aids that remove the need to bare weight on her legs etc

If they refuse her again do they have to give a reason? can they still say "using suitable aids" evern after she has explained the aids do not remove the difficulties and pain?

i persoanly can not think of any reason they would,should or could refuse her based on that,

she was awarded high rate moblity for 4 years previously shes just really worried and after some reassurance

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Re: Do they have to give a reason for their dession? 9 years 3 months ago #32859

Hi Jox, Have you looked at all the DLA guides on this site. One of the Mods may be able to confirm this but i am sure it is well established that "Any pain or severe discomfort whilst walking, must be discounted" I hope this helps. Best Wishes

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Re:Do they have to give a reason for their dession? 9 years 3 months ago #32861

  • originaldave
Jox wrote:

My friend was refused mobility component after she told them she is unable to walk any distance at all without sever discomfort due to the pain from arthritus in her hips she had 2 doctors saying the same thing.

They replied with "using suitable aids" you can walk slowly in a resonable mannor.

shes now having a reconsideration/appeal where she has wrote a letter stating "even with the use of walking aids" she can not walk any distance at all without sever discomfort because there are no walking aids that remove the need to bare weight on her legs etc

If they refuse her again do they have to give a reason? can they still say "using suitable aids" evern after she has explained the aids do not remove the difficulties and pain?

i persoanly can not think of any reason they would,should or could refuse her based on that,

she was awarded high rate moblity for 4 years previously shes just really worried and after some reassurance


From what you have said IMO as she had the award before they must now think she has got better and on the evidance given or not given thats the postion they are taking

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Re:Do they have to give a reason for their dession? 9 years 3 months ago #32866

Hi Jox

To answer the question in the title of this thread, an appeal tribunal does not automatically give reasons for it's decision, but you can apply for a full statement of reasons after the hearing.

The reasons have to adequately explain why the tribunal came to it's decision from the evidence before it and has to address any substantive issue that has been raised. Failing to do this could amount to an error of law, and give grounds to appeal to the Upper Tribunal.

If your friend has stated in writing that 'suitable' aids do not make a difference and the tribunal disagree, they would have to give an adequate explanation why.

Good luck to your friend

Derek

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