mobilising and wheelchair use

just reading this on BAILII

http://www.bailii.org/uk/cases/UKUT/AAC/2013/417.html

and recommend you all do too.

This was a case where a man had problems walking due to a smashed ankle but admitted he probably could use a manual wheelchair.

The SoS supported the appeal (on issues around whether chap could store one, had to use steps to get to it, such as that)

Upper Tribunal - Judge David Williams - decided against the claimant on the basis of his ability to use a manual wheelchair taking into account is ability to get in and out of it etc.

there is a vrey interesting critique of the regs and the questions asked ofr both claimant and ATOS doctor in this contexdt, but judge went back to the legislation and decided against claimant.

Result is that if you live in a flat wtihout a lift wtih no ground floor storage etc, that won’t help (assuming you could otherwise use a manual wheelchair)

think people need to major on actual evidence of actual claimant’s ability to move wheelchair, get in and out of wheelchair, and then propel it once in it.

and unless i missed it, there’s nothing about how a person might manoevre said wheelchair up and down any kerbs or in and out of car (claimant had a car he could drive, i assume, given his injury, an automatic…)

Claire
at BHP Law

and to be contrasted with this:

http://www.bailii.org/uk/cases/UKUT/AAC/2013/408.html

also about wheelchairs…..

Claire
at BHP Law

Very interesting, thanks for the info.