Client has been through numerous assessments due to pain and weakness in whole body, all have come back with no physical cause. He was eventually diagnosed by a phyciatrist as having chronic pain syndrome and depression. It is thought to be due to no physical cause, however he has been re-referred for further investigation and a second opinion. He has been scored with 4 points on the mental health personal capability assessment but none for physical. Can we argue that even though the pain is psychological or at least has no obvious physical cause that it still affects him physically? Anyone any advice on arguements we can put to tribunal?

Have you seen the Commissioner decision in Adviser Magazine no 103 page 21 CDLA/1898/2003 confirms CDLA/948/00 and apperently they deal with the issue that pain in itself is physical

two points, firstly be wary of a 2000 Comm's decision by deputy commissioner Mark about psychosomatic pain, a (fortunately) friendly tribunal chair told me recently that there had been much debate about that decision and it was "widely accepted to be superseded". if your chair knows their caselaw you'll undermine your case.

Secondly, although I'm at home and don't have Mesher with me, I cant remember any "physical disablement" lines in sched whatever of the IFW regs, it's simply that the person sbhould not be reasonably expected to be able to carry out the activities described without severe discomfort.

well, maybe three! it's widely accepted that there is a mental health aspect to chronic pain syndrome, and points make... well, incapacity for work.

i hope I'm not too late

Dan: Which decision(s) supersede CDLA/948/00, please? It was clearly endorsed in CDLA/1898/2003.

I think it may be CDLA 894/2001 thats the downer. If not on Commissioners site I'll send a copy

is it CSDLA/892/2001 ?

Sorry all round its CSDLA/894/2001.

i'm sorry too .... above link does go to 894

We got there in the end. Thanks to all contributors.

Also comm decision when pain is more psycological than physical CSDLA/894/01 OR C64/97(DLA) but is more to do with a case with fibromyalgia

Do you know where I can get hold of the second case you mention - I have a fibromyalgia hearing coming up? Tried the OSSC website myself but could not find it.

If you have a hard copy my fax is 020 8968 0934 (on the off chance0.

Thu 04-Aug-05 02:13 PM by ken

C64/97(DLA) is an NI decision

Thank you Shawn.

Thank you all come to that.

Mon 16-Aug-04 03:23 PM by ken

Recently I came across a CD by commissioner Mesher, that deals with the question of "pain" which is raised frequently at DLA & IB appeals.

It is quite involved, but at least it deals with the issue of pain rather severe discomfort.

A summary of it is in the rightsnet briefcase area with the link to the full decision - CDLA/902/2004

I would like to see this decision too but the link does not get me there and the Comm's site search is fruitless too. Please can you send a link? Thanks.

briefcase summary is here

and full decision @ cdla/902/2004

Thank you Shawn

Just happened upon CIB 4841 2002 (on the osscsc website, link not added as it comes up long and messy) worth a look along these lines. Though possibly not in a helpful way.

CIB 4841 2002