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11 years 5 months ago - 11 years 5 months ago #94510 by shrinathji
Replied by shrinathji on topic Re:wheelchair assessment
I also note that in the link you sent me that storage was taken into consideration as well as the flat being i think 2 storeys high.

Would the fact that one may have 10 steps from the pavement leading to the front door, and getting down those steps self propellling the wheelchair would not only be dangerous but unreasonabe????

Radhika.
Last edit: 11 years 5 months ago by slugsta.

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  • bro58
11 years 5 months ago - 11 years 5 months ago #94512 by bro58
Replied by bro58 on topic Re:wheelchair assessment
radhika wrote:

I also note that in the link you sent me that storage was taken into consideration as well as the flat being i think 2 storeys high.

Would the fact that one may have 10 steps from the pavement leading to the front door, and getting down those steps self propellling the wheelchair would not only be dangerous but unreasonabe????

Radhika.


Hi r,

It would seem on the face of it, to be a reasonable argument.

bro58
Last edit: 11 years 5 months ago by bro58.

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11 years 5 months ago - 11 years 5 months ago #94516 by shrinathji
Replied by shrinathji on topic Re:wheelchair assessment
Thanks Bro58.

Someone i know is thinking of appealing on these grounds and i am sure they will feel a bit better with this reassurance and "case" listed above.

Radhika.
Last edit: 11 years 5 months ago by slugsta.

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11 years 5 months ago #94520 by Gordon
Replied by Gordon on topic Re:wheelchair assessment
radhika wrote:

I also note that in the link you sent me that storage was taken into consideration as well as the flat being i think 2 storeys high.

Would the fact that one may have 10 steps from the pavement leading to the front door, and getting down those steps self propellling the wheelchair would not only be dangerous but unreasonabe????

Radhika.

I think it is important to understand when referring to this Case Law that the Error was in the original Tribunal not investigating whether it was reasonable for the claimant to use a wheelchair.

The Upper Tribunal Judge indicates that he would have expected a number of questions to have been asked based on the claimants circumstances, he does not state that that in successfully answering those questions the original Tribunal should have found in the claimants favour.

This is made clear by the following quote

I must stress that the application of the text of the activity must always be on an individual basis.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • bro58
11 years 5 months ago #94521 by bro58
Replied by bro58 on topic Re:wheelchair assessment
Gordon wrote:

radhika wrote:

I also note that in the link you sent me that storage was taken into consideration as well as the flat being i think 2 storeys high.

Would the fact that one may have 10 steps from the pavement leading to the front door, and getting down those steps self propellling the wheelchair would not only be dangerous but unreasonabe????

Radhika.

I think it is important to understand when referring to this Case Law that the Error was in the original Tribunal not investigating whether it was reasonable for the claimant to use a wheelchair.

The Upper Tribunal Judge indicates that he would have expected a number of questions to have been asked based on the claimants circumstances, he does not state that that in successfully answering those questions the original Tribunal should have found in the claimants favour.

This is made clear by the following quote

I must stress that the application of the text of the activity must always be on an individual basis.

Gordon


Absolutely Gordon !!! :)

bro58

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11 years 5 months ago #94528 by shrinathji
Replied by shrinathji on topic Re:wheelchair assessment
Thanks for both your replies, as they both make sence in that each individual case is different due to personal circumstances etc.

However, just for info purposes, my friends husband recieved a copy of his medical report yesterday,(he was given S/G status), the nurse had stated that he had mobility problems, and she accepted that in the GP'S report,the GP confirms that he was unable to propel a wheelchair.

He was surprised that this was accepted, as he at no stage was given a wheelchair assessment by hospital consultants as he used a walking stick to mobolise.

I just wondered if this was the "norm", to accept GP's opinion??

Radhika.

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