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ClaireHodgson
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Solicitor, CMH solicitors, Tyne And Wear

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It is therefore submitted that despite his severe discomfort (claimant) is not virtually unable to walk

from a DWP submission.

i doubt it’s going to be that easy, but a good start…

[ Edited: 20 Jul 2010 at 05:07 pm by ClaireHodgson ]
SGregu
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Claire Hodgson - 08 July 2010 02:54 PM

It is therefore submitted that despite his severe discomfort (claimant) is not virtually unable to walk

from a DWP submission.

i doubt it’s going to be that easy, but a good start…


That’s a good one!!

Mine today from a DWP decison is:

“You can walk:

up to 60 metres
slowly
in 3 minutes
in a poor manner

Therefore you are not virtually unable, or unable to walk”

christi
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Advice Services Manager, Thame and District CAB, Oxfordshire

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SGregu - 12 July 2010 02:28 PM

Mine today from a DWP decison is:

“You can walk:

up to 60 metres
slowly
in 3 minutes
in a poor manner

Therefore you are not virtually unable, or unable to walk”

On those facts some tribunals would rule the client ineligible for HRMC.  It’s certainly a borderline for “virtually unable” as the case law stands.

ikbikb
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Just had one decision for an agrophobic client that doesn’t need guidance and supervision because she does not go out, which is correct if right. Which we will appeal if needed.

christi
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ikbikb - 20 July 2010 02:44 PM

Just had one decision for an agrophobic client that doesn’t need guidance and supervision because she does not go out, which is correct if right. Which we will appeal if needed.

Interesting.  In that case, without refering to case law, I’d be tempted to argue that (a) she needs guidance or assistance if she *has* to go out of doors and qualifies for low rate, or (b) she’s virtually unable to walk in the same way as an autistic child who refuses to walk, and therefore is entitled to high rate.  Either way, I’d say appeal, particularly if her care award is clear cut and unlikely to change on appeal.

Joe Collins
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ikbikb - 20 July 2010 02:44 PM

Just had one decision for an agrophobic client that doesn’t need guidance and supervision because she does not go out, which is correct if right. Which we will appeal if needed.

Of relevance is s73(8) SS Contributions and Benefits Act 1992 which provides that
“A person shall not be entitled to the mobility component for a period unless during most of that period his condition will be such as permits him from time to time to benefit from enhanced facilities for locomotion”
There is useful commentary at page 180 of volume 1 Social Security Legislation 2009/10.

past_caring
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Welfare Benefits Casework Supervisor, Brixton Advice Centre

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And another;

You need help to:

- wash and dry yourself

- use a bath or shower

- dress and undress

- eat and drink

You don’t need help with your personal care from someone several times right through the day. This means you are entitled to lowest not middle or highest rate care.

LRC had already been awarded on basis of main meal test.

ClaireHodgson
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Tony Bowman - 23 July 2010 02:26 PM

I’ve just looked at an EMP report for a DLA appeal.

The doctor is asked, in respect of walking, to comment on gait.

He wrote just one word… “Bipedal” ...  !!

ROFL