Claimant suffers from Polyarthritis and was awarded LRC back in Feb 06. it has now at appeal stage (15th May) what i wanted to know is claimant is looking for HRM and MRC. When the appeal was adjourned the first time the members at the tribunal said they would obtain a med report from her rheumatologist, which does state claimant can only walk 3-4 steps without feeling sever discomfort. At the time the claimant was not a wheel chair user but is now will this go in her favour along with the Rheum' Report?

Sorry guys i'm in training and came across this website

what i meant to ask was will her being a wheelchair user go in her favour for HR Mobility?

And is the Rheumatologist Report more weightier than the EMP report?

Any help will do thanks

yes & yes....

Mon 14-May-07 09:51 AM by Martin_Williams

Be careful with the wheelchair user thing. If the client only started using a wheelchair after the date of decision she is appealing then arguably the Tribunal cannot take this into account (sec 12(8)(b) SSA 1998).

However, if what you said was that the fact that she now uses a wheelchair is simply evidence of how bad her walking ability was at the date of decision then maybe that could be taken into account in that way.

In any event if you have a consultant saying only a few steps before severe discomfort then I think almost any tribunal will award HRMC.


PS- welcome to rightsnet!