Discussion: walking with significant discomfort

24 August 2011, 04:00 pm

PeterS
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Advice worker, Tinsley Advice Service

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My client is in constant pain of a level which I would judge to be more than “signifcant discomfort”. She CAN walk short distances, and the pain increases as she walks. However, since she has already crossed the “significant discomfort” threshhold BEFORE she STARTS walking, it is not “significant discomfort” that makes her stop walking. How do I convince the Tribunal that this descriptor applies to her?

24 August 2011, 04:17 pm #1

benefitsadviser
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Sunderland West Advice Project

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Tricky one with regard to satisfying that descriptor from the outset. It has been argued however that lack of ability to repeat a descriptor then means the descriptor cannot be completed so perhaps this tactic may suffice.

24 August 2011, 04:40 pm #2

chrislpl
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Linskills Solicitors

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Dear Peter S,

Perhaps the attached Upper Tribunal decision may help.

Regards

Chris

File Attachments

CE 1839 2010-pain and walking.doc (File Size: 52KB - Downloads: 2819)

26 September 2011, 06:30 pm #3

PeterS
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Thanks for these comments. The case is post-April, so the new descriptors apply.

Since she is already in more than “significant discomfort” before sitting or standing, can we also argue that one of those descriptors apply? Which one?

27 September 2011, 12:01 pm #4

JMCA
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I would try 1. (a) (c) 0r (d) Cannot
(ii) repeatedly mobilise 50, 100, 200 metres within a reasonable timescale BECAUSE of significant discomfort or exhaustion. The arguments in RDLA/4/04 may assist.

30 October 2012, 04:31 pm #5

PeterS
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Thanks for your help.

Got her the ESA (work-related activity group). Then the rules changed and, because she had now been on contribution-based ESA for over a year, she lost her ESA again. Now we’re arguing that her current condition demands that she be put in the support group. Apparently these appeals are taking an absolute age to be processed by DWP - even before they get to Tribunals Service.