Walking aids

If someone can walk 100 metres but only because he uses a walking stick could that person still claim DLA mobility.

I dont understand the criteria regarding aids like walking sticks ect in relation to DLA mobility.

The Thing wrote:

If someone can walk 100 metres but only because he uses a walking stick could that person still claim DLA mobility.

I dont understand the criteria regarding aids like walking sticks ect in relation to DLA mobility.

Hi TT,

You may find this thread helpful :

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=83040

The section on Mobility here, also :

www.disabilityrightsuk.org/f23.htm

The Mobility section on the DM Guide from 61251 onwards, here :

www.dwp.gov.uk/docs/dmgch61.pdf

And of course, it is explained in our DLA Claims Guides, here :

DLA Guides

bro58

The decison makers guide for distance is 50 metres or less,has this been always the same as ithought that back in 1992 it was 100 metres

The Thing wrote:

The decison makers guide for distance is 50 metres or less,has this been always the same as ithought that back in 1992 it was 100 metres

Hi TT,

The DM Guide from the link provided is the most current.

I can't really comment on the Mobility rules circa 1992.

It will further help your understanding of "Mobility Component", if you read the relevant sections of :

"The Best Possible Disability Living Allowance Claims For Adults On Physical Health Grounds"

Which is the 2nd link on this page :

DLA Guides

bro58

The Thing wrote:

The decison makers guide for distance is 50 metres or less,has this been always the same as ithought that back in 1992 it was 100 metres

Legally there is no distance and never has in law which automatically cuts off a claimant from HRM component of DLA, although some Commissioners Decisions now called Upper Tribunals wrongly tend to hover around 50 to 60 metres.

Virtually unable to walk - This test looks at your ability to walk out of doors on a normal flat surfaced pavement or road. The following factors are taken into account :

distance walked
speed of walking
length of time taken
manner of walking

When stating how far you can walk remember that any walking done whilst you are experiencing severe discomfort does not count.

For example; you may be able to walk 100 metres but can only do the last 80 in severe discomfort. It would be reasonable in this case to say you can only walk 20 metres. Pain and breathlessness are also considered when assessing whether or not you experience severe discomfort.

Extract from R(DLA) 4/03: Full decision Tribunals Judiciary

"22. All the aspects of a claimant’s walking are to be considered which result from physical disablement and an evaluation of its quality is then made. This is on the basis that firstly, walking achieved only with severe discomfort is discounted and secondly, that a tribunal must pay appropriate regard to manner, speed, distance and time. This exercise is carried out with the purpose of determining whether, taken overall, the claimant’s walking out of doors is properly described as "virtually unable to walk".

23. If a stop is the absolute limit of the claimant’s capacity to walk then no issue of taking the test only to the first onset of severe discomfort arises. But if a claimant recovers after a period of rest and continues walking without severe discomfort, then the statutory test does not preclude such continued walking from being assessed. The tribunal must judge from the evidence such relevant factors as how far the claimant can initially walk without experiencing severe discomfort, how long any severe discomfort lasts before it subsides or, if he has paused to prevent such discomfort then the necessary duration of that pause, how frequently these halts recur if at all, and what is the total distance and time he can walk in this manner without severe discomfort.

24. Time, speed, manner and distance of walking, achieved without severe discomfort, are therefore balanced in order to reach an overall judgement on whether the claimant is virtually unable to walk. If a claimant has to rest an hour between each set of walking before severe discomfort subsides, he or she is more likely to be virtually unable to walk than a claimant who requires only 5 minutes. Conversely, if a claimant with morning stiffness through rheumatoid arthritis walks the first minute out of doors in severe discomfort, stops for 4 minutes in order to flex his limbs and thereafter is enabled to walk 10 miles without severe discomfort at a reasonable pace and speed and without further halts, the statutory criteria do not prevent a conclusion which is in no way perverse, that such a claimant does not fall within regulation 12(1)(a)(ii).

25. All of these are matters for the good sense of tribunals. It is not, however, the law that only walking to a first halt required through severe discomfort is relevant. This adds an unjustifiable gloss to the statutory criteria given the broad purpose of the test under regulation 12(1)(a)(ii), which is to establish the practical limitations on a person’s ability to walk due to the stated factors".


Jim
retired Welfare Rights Specialist & former DLA Tribunal Member