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Wed 13-Oct-04 03:51 PM by ken
This is an extract from page 28 of the Disability Alliance DLA/AA caselaw pack -
'CDLA/2364/95 - Must demonstrate on the balance of probabilities that they could, with guidance or supervision, be able to walk out of doors to an extent that would not otherwise be possible. In this case, the claimant suffered from claustrophobia and agoraphobia and lost the argument. For a similar argument see CDLA/757/94 and CDLA/2364/95. For a conflicting approach see CDLA/42/94, CDLA/052/94 and CDLA/3360/95.'.
CDLA/4438/2003 may be useful in countering any DWP contention that a claimant derives mere 'reassurance' from having someone with them when walking outside.
In CDLA/4438/03 Commissioner Rowland concludes that the action of talking to someone to take their mind off their fears is likely to involve supervision. Although the talking itself may be attention rather than supervision, it still requires an element of monitoring to see how the other person is reacting.
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