DLA high rate mobility

We have a client who is only able to walk with a specialised leg support following major surgery on one leg after a RTA. They have sustained a loss of all passive motion in the ankle together with all active movements. With the support, client can walk. Without it they cannot.

HRM was awarded following initial treatment but on renewal was withdrawn. We have now a detailed Orthotic report confirming medical requirement for specialist orthosis to help support the ankle/leg.

The report doesn’t indicate major pain is experienced any longer so am looking for case law to support client’s appeal against DWP decision? All help appreciated.

How far and for how long can the client walk before the onset of severe discomfort, and at what speed? What is the manner of walking like?

Having an ankle immobilised will probably affect things like fatigue, which if bad can amount to severe discomfort. Other joints such as the knee and the hip will be put under additional strain to compensate for the loss of flexion in the ankle.

Does the orthosis chafe, and if so after how long? Does the client use it at all times even indoors?

The issue is really does your client fill the requirement of “virtually unable to walk”. And bear in mind that there is no automatic award for people with only one leg, if they can walk with an artificial limb (or “artificial limp”, as I once saw in a medical report) without severe discomfort. I have known appeals to succeed where it was difficult to provide a comfortable prosthesis.

hope this also helps
http://www.dwp.gov.uk/docs/m-47-10.pdf