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DLA tribunal "Walking limit"
- H2o
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10 years 7 months ago - 10 years 7 months ago #110763 by H2o
DLA tribunal "Walking limit" was created by H2o
Helped a friend at a recent tribunal hearing, the Judge was of the opinion that for DLA the walking test is "until you cant walk any more". I thought that was the PIP definition, and DLA still used "until walking causes discomfort", but has this changed to fall inline with the new rules?
I cant find anything on this with general searches, just wondering about putting an appeal together.
I cant find anything on this with general searches, just wondering about putting an appeal together.
Last edit: 10 years 7 months ago by Gordon.
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- Gordon
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10 years 7 months ago #110767 by Gordon
There have been no changes to the DLA Mobility criteria, one of the limitations is severe discomfort, but this is not the only criteria that should be used; distance, speed, gait and whether the claimant stumbles or falls must also be taken into account.
If your friend lost their appeal then the first action is to request a written Statement of Reason;
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA tribunal "Walking limit"
H2o wrote: Helped a friend at a recent tribunal hearing, the Judge was of the opinion that for DLA the walking test is "until you cant walk any more". I thought that was the PIP definition, and DLA still used "until walking causes discomfort", but has this changed to fall inline with the new rules?
I cant find anything on this with general searches, just wondering about putting an appeal together.
There have been no changes to the DLA Mobility criteria, one of the limitations is severe discomfort, but this is not the only criteria that should be used; distance, speed, gait and whether the claimant stumbles or falls must also be taken into account.
If your friend lost their appeal then the first action is to request a written Statement of Reason;
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: H2o
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- bro58
10 years 7 months ago - 10 years 7 months ago #110775 by bro58
Replied by bro58 on topic DLA tribunal "Walking limit"
Hi H2o,
See : DM Guide DLA & AA
&
DLA Guides
With respect to a possible appeal to The UT, see :
Appealing to The Upper Tier, DR UK Factsheet
bro58
See : DM Guide DLA & AA
&
DLA Guides
With respect to a possible appeal to The UT, see :
Appealing to The Upper Tier, DR UK Factsheet
bro58
Last edit: 10 years 7 months ago by bro58.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 7 months ago - 10 years 7 months ago #110791 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
This is my reply made in Benefits News, if you require more clarification, please post in the forum.
Changing the goal posts from 50 metres to 20 metres was totally wrong.
However, under DLA there was no maximum distance that DLA HRM claimants were cut off if they could walk 50 metres. It was based on 4 factors, distance, time taken to walk x metres, speed and manner of walking.
I sat on DLA Tribunals where HRM appellants were awarded HRM if they admitted to being able to walk 100 metres or more, because they walked very slowly, had to stop several times due to onset of 'severe discomfort' and walked with a limp or dragged a leg etc.
PIP assessments seem to have forgotten about these elements, although there is ample case to support the old DLA assessment.
Good luck to all those protesting that cutting it down to 20 metres is both unfair and most likely unlawful.
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA tribunal "Walking limit"
H2o wrote: Helped a friend at a recent tribunal hearing, the Judge was of the opinion that for DLA the walking test is "until you cant walk any more". I thought that was the PIP definition, and DLA still used "until walking causes discomfort", but has this changed to fall inline with the new rules?
I cant find anything on this with general searches, just wondering about putting an appeal together.
This is my reply made in Benefits News, if you require more clarification, please post in the forum.
Changing the goal posts from 50 metres to 20 metres was totally wrong.
However, under DLA there was no maximum distance that DLA HRM claimants were cut off if they could walk 50 metres. It was based on 4 factors, distance, time taken to walk x metres, speed and manner of walking.
I sat on DLA Tribunals where HRM appellants were awarded HRM if they admitted to being able to walk 100 metres or more, because they walked very slowly, had to stop several times due to onset of 'severe discomfort' and walked with a limp or dragged a leg etc.
PIP assessments seem to have forgotten about these elements, although there is ample case to support the old DLA assessment.
Good luck to all those protesting that cutting it down to 20 metres is both unfair and most likely unlawful.
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
Last edit: 10 years 7 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo.
The following user(s) said Thank You: H2o, Mel B
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