Pain and restriction where no clinical cause found

I wonder if anyone has won an appeal where all evidence suggest no clinical findings for pain and mobility restrictions and say that restrictions claimed are fabricated and unreliable and all in the mind.

Own GP states severe pain and restrictions with no clinical findings

Long shot or is there something I can refer to for help

The decision maker does ask Med services if BIOPSYCHOSOCIAL MODEL apples but no response given from med services in regard this any one any experience with this

Thanks

Gail Knight - 04 November 2010 10:02 AM

Long shot or is there something I can refer to for help

 

The test for reasonableness?

No need for diagnosis as such but there does have to be some tangible evidence of physical or mental disablement and, for the higher rate mobility component, limitation has to arise from an organic cause, even if aggravated by mental factors.

hi

see in particular -

R(DLA)3/06 - that there is no need for proof of diagnosed medical condition and

R(DLA)4/06 - about extent to which physical symptoms arising from mental condition can be taken into account.

cheers ros

weird, thought i’d posted on this ...

does your client have a somatoform disorder?

That is weird Claire - i definitely saw your post last week - how strange :/

There were a number of posts across the forums posted last friday morning but in the afternoon when I logged on again they were gone.  I’m still puzzled as they weren’t contentiious in any way.

hi

attached link to post by shawn on friday explaining that we had a problem that meant that some posts got lost - apologies for any inconvenience ....

http://www.rightsnet.org.uk/forums/viewthread/627/

cheers ros

I posted last time but post was one of the lost ones. I had a similar appeal a few years back- all client’s symptoms (which included significant physical restrictions in relation to care needs and an inability to walk without physical support from her family) were somatic in origin. We lost original appeal but following successful SSC (as was then) appeal it was referred back for fresh hearing and client was awarded HRC/LRM. We couldn’t find anything to support HRM as there was no physical issue present.