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Subject: "Pain tolerance levels with or without aid." First topic | Last topic
brg
                              

disability rights advisor, castle morpeth citizens advice bureau
Member since
21st Jan 2004

Pain tolerance levels with or without aid.
Tue 10-May-05 02:08 PM

Client has varied tolerance levels eg: walking and standing. When wearing a tens m/c the client can walk further with than without this aid. Same applies to standing, can stand for a longer period of time with the tens m/c than without it.
Is there any case law or guidance for tribunals that prescribes how they should judge the individuals pain tolerance in respect to time or distance with or without such an aid?

  

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ken
                              

Charter member

RE: Pain tolerance levels with or without aid.
Tue 10-May-05 02:54 PM

Following the judgment in Howker (RIB)3/03 and Commissioner Jacobs decision in R(IB)3/04, it is possible to argue that several of the PCA descriptors need to be considered in their original 1995 form, and that the 1996 amending regeulations which refer to 'any aid or appliance which he normally wears or uses' was 'ultra vires'.

In R(IB)3/04, Commissioner Jacobs held that -

'Tribunals dealing with cases involving those amendments will have to decide whether they are covered by the reasoning in Howker … (as) all those amendments were described to the Social Security Advisory Committee as "neutral" in their potential effects on claimants. The issue for tribunals will be whether that was an accurate description ...'

Whilst the original 1995 regulations refer to some aids being taken into account in the case of certain descriptors, including with respect to walking, the use of a walking stick or other aid if normally used, with respect to standing, the only aid mentioned was a walking stick.

  

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