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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA HRM help with caselaw

Jen
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Help to claim adviser - Citizens Advice Exeter

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Total Posts: 28

Joined: 4 August 2011

Hi,

Looking for information/relevant case law for DLA higher rate mobility where someone has physical disablement (muscle spasms, shaking and fits) which prevents them walking, but with a psycological cause. The most up to date thing I can find it CDLA/1020/97 which is not really that up to date!

Any help appreciated!

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

See attachment but it’s the Harrison decision that you really need to read.

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Ros
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editor, rightsnet.org.uk

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here’a link to harrison, reported as R(M)1/88 -

http://www.rightsnet.org.uk/pdfs/R_M_1_88_and_Harrison.pdf

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Just a word of caution. The tribunal of commissioners in R(DLA) 4/06 after conceding that they were bound by the decision in Harrison then went on to say, at para’171, that CDLA/3323/2003 should no longer be followed.

Jen
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Help to claim adviser - Citizens Advice Exeter

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Total Posts: 28

Joined: 4 August 2011

Thank you to all for your help. This has been really useful and I now think I have got my argument clear(ish) in my head! The client has a combination of physical and ‘mental’ causes, with the physical being numerous collapsed lungs that can’t heal properly due to the shaking and tics caused by his ‘mental’ disorder. I am arguing that evidence around the collapsed lungs was not given due consideration and instead the whole of the difficulties walking were linked to a psychological cause, when in fact there are both physical and mental factors -  with the physical problems contributing ‘more than minimally’.