Mobilising descriptor

Does anyone happen to know whether, if we submitted a particular descriptor applied (in this case 1 a) and the Tribunal went onto find that the Appellant could use a wheelchair or crutches, then should the Tribunal not go on to make findings as to how far the Appellant can mobilise using such aids?

I have a decision and statement where there are no findings as to how far they believe he can mobilise. It simply says that the ‘Appellant agreed he could mobilise using the wheelchair’.

A tribunal can consider issues not raised in an appeal [section 12(8)(a) of the Social Security Act 1998] but case law has noted that they can limit their considerations to those raised by a competent rep… see R(IS)3/09 and CDLA/1104/2012 both should be available in briefcase.

I think you’re right that there should be a finding as to distance.

I’ve, briefly, been a wheelchair user in times past and would say that managing a couple of hundred yards is an uphill struggle to start with. Where Tribunals are making findings imposing wheelchairs on people I’d submit that careful findings are necessary as to possible limitations, frinstance if an appellant has back problems that would certainly limit their ability to propel themselves.

In CSE/151/2012 the UT decided that there had been insufficient findings of fact, in a case where the FTT had said: There is no evidence to support this claim that she has any problems with her upper body.  The appellant therefore would be able to mobilise.

Thanks all! I have had a go.