Variable medical condition?

Hello everyone.

I was wondering if anyone knew what the definition was of "variable conditions"
as I receive DLA & IB benefit as I suffer from rheumatoid&osteo athritis,controlled epilepsy,a degenerative back problem,kidney stones,& carpel tunnell in both hands & also diverticulitis.
These symptoms vary,from time to time and I would like to keep on the right side of the law.

Bluejay ..If it helps have a look at the starred commissioners decision CIB/6244/1997* (73/98)which they all seem to refer to …just tap it into your search engine

"Variable conditions are those whose symptoms vary from time to time with possible symptom free periods. Tribunals should consider descriptors that state “sometimes” and those that say “cannot”.

Intermittent conditions are conditions which give rise to discreet attacks followed by periods of complete remission. Tribunals should consider days in which claimant was incapable of work and whether they constitute a period or linked period of incapacity".

Also of interest which relates to the term "sometimes and can not" might be CIB/14534/1996, CIB/13466/1996 and CIB/944/1997 (all treated as one case) Which considers that examining incapacity over a period of a number of days is a reasonable approach

bluejay52 wrote:

Hello everyone.

I was wondering if anyone knew what the definition was of "variable conditions"
as I receive DLA & IB benefit as I suffer from rheumatoid&osteo athritis,controlled epilepsy,a degenerative back problem,kidney stones,& carpel tunnell in both hands & also diverticulitis.
These symptoms vary,from time to time and I would like to keep on the right side of the law.

Hi,

I do not think there is an actual definition of 'variable conditions' in this context, as everyone's care/mobility needs are different as is how much variation there is in a condition and thus needs do alter. However various Commissioners Decisions over time have more or less narrowed down variable conditions, unfortunately I am currently on wi-fi on a train to London and don't have the actual ones to hand.

Keeping a 'DLA diary' is a good way to record such variance in a condition and can be helpful when submitting a claim. There is more info in the members area of the site.

Pete

Just to add to the other posts …The Code of Practice Guidelines for EMP’s in members area includes…

“Taking all of this (variability) into account, if a claimant cannot repeat an activity with a reasonable degree of regularity, and certainly if they can perform the activity only once, then they should be considered unable to perform that activity”

“If you decide not to accept the degree of variability, etc, you should document justification, such as:
"In my opinion, the claimed (variability etc) is unlikely, given the following findings:." And provide one or two specific examples to support your opinion” Good luck..