|
....but beware DWP counter-argument in R(M) 1/98, where Commissioner Rice more or less rules out cases where recovery can be expected within 12 MONTHS!
I have found that MS suffers have a tendency to stumble or fall, especially if they get numbness/pins & needles down one side of body- R(A) 1/96 applies.... but are you looking at getting HRM? If so, why not try a mixture of CDLA/717/1998, CDLA1707/2005 (about the lack of a precise formula for HRM- note also a plug here for Derbyshire County Council's excellent Case Law Pack)and R(IB) 2/99:
'I submit that (name)'s condition is variable, and that therefore Commissioners’ Decision R(IB) 2/99 applies. In that decision the Tribunal of Commissioners stated that ‘one should not stray too far from an arithmetical approach that considered what the claimant’s abilities were most of the time during what was claimed to be a period of incapacity, but the frequency of “bad” days, the length of periods of “bad” days and intervening periods, the severity of the claimant’s disablement on both “good” and “bad” days and the unpredictability of “bad” days were all relevant when considering whether a claimant could be treated as satisfying the all work test on those days when it was literally satisfied but also other intervening days (paragraph 15).’ I submit that the same approach can be taken with Disability Living Allowance.'
No Tribunal has yet informed me that this approach is wrong.
|
