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 	 	distance & minutes before severe discomfort
- Jeff1
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 		 			 	 						14 years 11 months ago				#37197 		by Jeff1 	  	 		 			 	    			 			 		 													
 	 				Replied by Jeff1 on topic Re: distance & minutes before severe discomfort			
  			 				Hi, The part i was quoting is from CDLA/0217/2009. It is the News Section of this site under the Headline, "Claimant who can walk and run gets High rate mobilty for icontinence". The decision in full can be downloaded. Best Wishes			
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- Gordon
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 			 	 						14 years 11 months ago				#37206 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:distance & minutes before severe discomfort			
  			 				On the assumption that you pass the walking test by being able to do so without pain, then the test is usually phrased as the distance that can be walked without severe discomfort.
 
If you are already in in severe discomfort or pain at the time you start to walk then you would be deemed to have failed the test.
 
I think that exaplains it.
 
Gordon
  							If you are already in in severe discomfort or pain at the time you start to walk then you would be deemed to have failed the test.
I think that exaplains it.
Gordon
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- Jim Allison
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 			 	 						14 years 11 months ago		 -  14 years 11 months ago		#37221 		by Jim Allison 	  	 		 			 					
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 on topic Re:distance & minutes before severe discomfort			
  			 				Hi Gordon,
 
That was not the position that I and my many colleagues took when I was a DLA Tribunal Member.
 
A person who is in 'severe discomfort' (pain is not mentioned in the legislation) at rest is 'unable to walk, and therefore meets the test, as would someone 'virtually unable to walk' who could only walk x yards, at y speed, in z minutes.
 
Legally, there is no minimum or maximum that a DLA claimant can walk in order to qualify for the HRM component of DLA.
 
Speed, distance and manner of walking, time taken to walk x yards are all factors to be considered.
 
Jim
  							That was not the position that I and my many colleagues took when I was a DLA Tribunal Member.
A person who is in 'severe discomfort' (pain is not mentioned in the legislation) at rest is 'unable to walk, and therefore meets the test, as would someone 'virtually unable to walk' who could only walk x yards, at y speed, in z minutes.
Legally, there is no minimum or maximum that a DLA claimant can walk in order to qualify for the HRM component of DLA.
Speed, distance and manner of walking, time taken to walk x yards are all factors to be considered.
Jim
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: 14 years 11 months ago  by Jim Allison.		Reason: Clarification.	
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- Gordon
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 			 	 						14 years 11 months ago				#37226 		by Gordon 	  	 		 			 					
Nothing on this board constitutes legal advice - always consult a professional about specific problems 					 	    			 			 		 													
 	 				Replied by Gordon on topic Re:distance & minutes before severe discomfort			
  			 				Jim
 
I think we are actually in agreement
 
I always assume, because it is the DWPs test, that passing is seen as a negative thing, and therefore always talk about failing it.
 
I think its all about double negatives.
 
Gordon
  							I think we are actually in agreement
I always assume, because it is the DWPs test, that passing is seen as a negative thing, and therefore always talk about failing it.
I think its all about double negatives.
Gordon
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- RachelPotter
 
 			 	 						14 years 11 months ago				#37229 		by RachelPotter 	  	 		 			 	    			 			 		 													
 	 				Replied by RachelPotter on topic Re:distance & minutes before severe discomfort			
  			 				Gordon,
I think we are all feeling 'doubly negative' at the moment!
			
  					I think we are all feeling 'doubly negative' at the moment!
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- keira30
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 			 	 						14 years 11 months ago				#37239 		by keira30  	  	 		 			 	    			 			 		 													
 	 				Replied by keira30  on topic Re:distance & minutes before severe discomfort			
  			 				Thanks for all your help...the dreaded form has now been posted, i will keep you posted			
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