ESA and wheelchair use

With regard to the decisions CE/509/2013 and CE/327/2013 regarding what factors should be taken into account in assessing whether it is reasonable for a person to use a wheelchair.

It appears the guidance DMG Memo 37/14 and ADM Memo 28/14 have vanished! Are there any new decisions which may have caused this?

I frequently read appeal packs where DM’s suggest anyone with a mobility problem should go get a wheelchair and these guides were always my argument. I know the 2 decisions are still available tho.

Thanks

Could the memos have been incorporated into main body of DMG and ADM respectively?

I’d try chapter 42 DMG. Hope it’s in there…

Para 42238 and onwards, I think.

I always argue that if a wheelchair was suitable, then a health professional would have assessed the person for one in order to promote independence. Particularly if the client has seen a physiotherapist or even the GP or anyone at a hospital.
a further argument is that the person’s health may deteriorate through muscle wastage etc.

I know there’s case law which throws out the housing situation argument.

Thanks all.

Yeah I believe they don’t really care whether you can get your wheelchair in your front door as the so called imaginary wheelchair can be left at your new imaginary place of work :(

Just to reinforce what Ross said, with most conditions the advice of health care professionals is keep as active as possible - keeps muscle tone, which helps support worn or defective joints, helps prevent weight gain thus reducing stress on joints, keeps a wider range of movement in affected joints etc. Given these considerations, it’s very rare that you’ll find someone with osteoarthritis, for example, who has been told that using a wheelchair is a good idea from a medical point of view. I often ask consultants, GPs etc, whether they feel that the use of a wheelchair would be beneficial and most of them say no, the claimant should try to mobilise as much as possible, even if that isn’t very much.

Look what the NHS says:

http://www.nhs.uk/Conditions/Osteoarthritis/Pages/treatment.aspx

Cheers

Jol