some of the descriptors make reference to frequency e.g. incontinence once a month
I'm just looking at walking and sometimes my father can walk up to 100 metres and other times he cannot walk at all. other descriptors also give no level of frequency.
is there any guidance on what the assessors look for in terms of frequency of difficulty and what they class as low, moderate or severe (for example)
Unfortunately there is no clear definition, however, you can reasonably reduce the figure to one day for the physical tests and the test must be performable for the majority of the time. So if you father can walk 100 mertres only two days a week, then for the majority of the time he cannot walk that distance.
It is also possible to argue that "reasonable regularity" applies, in as much that there is an expectation that the test should be repeatable within a reasonable period. If on the days that your father can walk, he can only do so once, then he should fail the test.
Now whilst these are reasonable conclusions to draw from the guidance and case law for the various benefits, ATOS's doctors, if relevant to your question, have a poor history of applying these criteria, forcing many claimants to go to appeal in order to receive their benefits.
Hope this helps
Stephen
Nothing on this board constitutes legal advice - always consult a professional about specific problems
We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.
