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distance & minutes before severe discomfort

Jeff1
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13 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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13 years 11 months ago #37206 by Gordon

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

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Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 11 months ago - 13 years 11 months ago #37221 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) 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

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: 13 years 11 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Clarification.

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Gordon
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13 years 11 months ago #37226 by Gordon

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

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

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RachelPotter

13 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!

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keira30
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13 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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