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TOPIC: doctor trying forceing me into giving distance

Re:doctor trying forceing me into giving distance 8 years 9 months ago #40303

I looked and I'm none the wiser. One is supposed to answer based upon normal circumstances. What does the law consider normal here? Mileage may vary etc according to whether one has been in a typical working environment for a few days and so been thrown about on buses and seated in unsympathetic seating, or, say, snuggled in a cosy armchair at home. Trying to walk for any distance after being in those different circumstances would result in entirely different results. So how do we define normal here please?

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Re:doctor trying forceing me into giving distance 8 years 9 months ago #40314

  • pata1
This Commissioners Decision ( now called the Upper Tribunal) may be of help.

Mobility component - virtual inability to walk - severe discomfort even when not walking no bar to entitlement The claimant had suffered serious multiple injuries in an accident. His remaining disabilities included a painful claw foot. He was refused higher rate of mobility component.

An examining medical officer reported that on a good day the claimant would be able to walk 200 yards before the onset of severe discomfort and on a bad day a few yards. He would take 20 minutes to cover both those distances.

An appeal tribunal accepted that the claimant had a severe disablement which affected his mobility. However the majority dismissed his appeal on the basis that the level of pain he suffered did not increase when he walked and he therefore did not fall within the terms of regulation 12(1)(a)(ii) of the Social Security (Disability Living Allowance) Regulations 1991.

Held, allowing the appeal, that: 1. regulation 12(1)(a)(ii) requires that walking which cannot be accomplished without severe discomfort is to be disregarded (paragraph 9); 2. although it is only discomfort related to the physical act of walking which is relevant to higher rate mobility component under regulation 12(1)(a)(ii), there is no requirement that such discomfort must first arise or must increase after walking has commenced (R(DLA)6/99 Hewitt v. Chief Adjudication Officer; Diment v. Chief Adjudication Officer CA, considered) (paragraph 7); 3. if the tribunal were satisfied that the claimant suffered from a physical disablement which affected the physical act of walking and which caused the claimant severe discomfort even when not walking, any walking which the claimant was able to accomplish despite the discomfort was to be disregarded (paragraph 10).

The Commissioner considered the evidence, made fresh findings of fact and awarded the claimant higher rate mobility component.


Full decision R(DLA)4/04

Legislation for DLA is:

Social Security Contributions and Benefits Act 1992 Part III, section 71,72 and 73

The Social Security (Disability Living Allowance) Regulations 1991 parts III and IV.

Hope this helps.

Pat :kiss:

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Last edit: by pata1. Reason: Corrected typo

Re:doctor trying forceing me into giving distance 8 years 9 months ago #40357

Thanks to both.

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Re:doctor trying forceing me into giving distance 8 years 9 months ago #40386

Gordon wrote:

Jacqui

The rules for DLA talk about severe disconfort, there is no specific defnition of what this means, but it is definitely less than pain.

So if you are already in severe discomfort before you have taken a step then you should be considered as being unable to walk.

Bill

if you have a loook at the DLA Claims on Physical Grounds, Page 22, in the Members area, it explains more about getting around outdoors.

Hope this helps

Gordon

activities and pain

CIB/4553/1999* (11/01) states, in relation to the activities of sitting, standing and walking, you cannot score points unless these actions aggravate a condition which causes pain


This ruling may make a difference.

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Re:doctor trying forceing me into giving distance 8 years 9 months ago #40393

kerryman

There are inherrent dangers in referring to case law, is it relevent and is it current?

With regard to the case you cite, I'm not sure whether I agree with your conclusion, however, like most case law, there is excessive use of the double negative, which can make it easy to mistunderstand. :)

That said, the case that Pat has quoted from, which was in support of the conclusion, is dated 2003 whereas yours was 1999, furthermore was it was for a DLA claim wheras yours was IB. So on balance I think Pat's has more relevance.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:doctor trying forceing me into giving distance 8 years 9 months ago #40419

Thank you to all who have taken the time to reply i been to see my doctor this afternoon she said she will do ma a to whom ever type letter /report and i might get it before xmas but if not i an hoping that i have time to get this to them intime
now as i got a ltter fromt hem the other day telling me it could take upto 11 weeks to sort out and NOT to phone them at all just wait
do i phone them tomorrow and tell them that me doctor is now back from her travles and is willing to help me with evedance as its called or not i dont want to upset them


once again thatnks to you all for taking the time Jacqui

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To Much Pain Will Kill Y ou In The End
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Moderators: GordonGaryBIS