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TOPIC: walking part of dla

walking part of dla 8 years 9 months ago #40239

I wondered if anyone could help me. I get high mobility and are having to re apply with this new form .. I am breathless before I even start to walk, so does this mean I wont be entitled to this high rate mobility? When I do take steps , I walk very slowly and it makes my breathlessness worse and I need medication administered for me. I have read bits on here , and somewhere I read if you are breathless before you even start to walk then you will not be entitled to the high rate mobility? can someone help and advise me please,as this is worrying me, as I need physical suuport when I am outdoors because of my severe breathing conditons

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Re:walking part of dla 8 years 9 months ago #40249

  • Carole2006
Alistair wrote:

I wondered if anyone could help me. I get high mobility and are having to re apply with this new form .. I am breathless before I even start to walk, so does this mean I wont be entitled to this high rate mobility? When I do take steps , I walk very slowly and it makes my breathlessness worse and I need medication administered for me. I have read bits on here , and somewhere I read if you are breathless before you even start to walk then you will not be entitled to the high rate mobility? can someone help and advise me please,as this is worrying me, as I need physical suuport when I am outdoors because of my severe breathing conditons


I'm no expert, and someone will be along to give you better advice. However, as far as I am concerned if you are in severe discomfort (or whatever the phraseology is) even before you walk then you are virtually unable to walk and therefore your walking distance should be O.

I hope I'm right, if not there is no justice in this world.

Good luck Alistair!

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Re:walking part of dla 8 years 9 months ago #40251

Under the current rules, any distance you can achieve ONLY with severe discomfort, eg breathlessness, fatigue, pain etc should not be counted. Any factor such as time taken, need to stop, bend over, sit down etc should be taken into account. Also time taken to recover afterwards should be considered eg if you can walk a bit but the effort leaves you in pain or fatigue for prolonged period of time afterwards.

The way to answer this I was told by a Welfare Rights worker was to put "no distance at all without severe discomfort, fatigue".

It sounds like the DWP is already ignoring the current rules in favour of the new proposals. Going to Appeal,is the only way.

I think this advice is still correct - perhaps the Mods can confirm?

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Re:walking part of dla 8 years 9 months ago #40269

alistair

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

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

In principle, anyone who is unable to walk, should qualify for Higher Rate mobility, have a look at DLA Claims on Physical Grouns, page 22, in the Members area, for an explanation of what you need to think about.

Hope this helps

Gordon

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

Re:walking part of dla 8 years 9 months ago #40294

Hi E,


The way to answer this I was told by a Welfare Rights worker was to put "no distance at all without severe discomfort, fatigue".


This would be correct if the claimant cannot walk any distance before the onset of severe discomfort. However, if the claimant can walk x yards before the onset of severe discomfort, they should state that distance.

To do otherwise would be tantamount to making a false statement in order to gain DLA.

Surprised that a welfare rights worker told you this, it's certainly not the advice I gave when I was a WRO, nor as moderator.

Kind regards.

Jim

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PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:walking part of dla 8 years 9 months ago #40315

Hi Jim,
Yes you are right but I was given the advice based on the fact that I am in severe discomfort ie severe pain all the time, before I even start to walk, which is exacerbated as soon as I even stand, nevermind walk. So the advice given in reply to the question was based on the fact that Alistair said he was breathless before he even started to walk. As I understand the DLA guidleines state any distance that can only be achieved with severe discomfort (which includes breathlessness as well as pain)should be discounted. Distance walked should only be measured up to the point at which severe discomfort occurs, not how long you can plough on till you collapse.

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Moderators: GordonGaryBIS