DLA lrm Pushing a Shopping Trolley

When I applied to renew my DLA low rate mobility the appeals tribunal mentioned in their statement of reasons that I said I could push a shopping trolley round a supermarket for 5 minutes.

Does this disqualify me from low rate mobilty? I believe it would disqualify someone from receiving high rate because they can walk using a prop but I am not sure about low rate.

They also mentioned twice that I enjoyed driving (as if this was a reason why I don't have mobility problems). I am isolated without driving and it's not so much that I enjoy it - it took me 19 years to learn to so I'm thankful that I can.

They also said that none of my reports mentioned mobility problems(even though I have been diagnosed with Chronic Fatigue Syndrome and have mental health issues including anxiety). I can't explain this except to say that I obviously don't complain enough.

They said that they didn't accept that I couldn't walk on unfamiliar routes without supervision because again it wasn't mentioned. They said that they believed I had improved since my last claim. I don't know how they worked that out.

I have now asked for the decision to be set aside. I'm not quite sure what that means. Can I ask them to look again at my previous claim in a setting aside request - because it was more involved - I had a solicitor helping me.

Many thanks!!

Hi help007,

Being able to push a shopping trolley round a supermarket is one of those 'rules of thumb' used by medicall assessors. The theory is that if you can push a shopping trolley round a supermarket you can walk so many hundred metres - off the top of my head 200 metres, but you can find it in the challenging a DLA medical report information in the members area, I think.

It would be less relevant to lower rate mobility, but you'd need to know the tribunal's reasoning.

You say you've applied for a set aside but don't know why?

Have you asked for a copy of the full written decision from the tribunal within the one month time limit? After receiving that you can apply for leave to appeal to the upper tribunal.

If you are applying for a set aside you would need to give the reasons why you are asking for one and information about a previous assessment would be very unlikely to be relevant.

Can you get help from an advice agency or law centre with this/

Good luck,

Steve

Yes I received the statement of reasons. I will try to find out more about pushing a shopping trolley rules. CAB said they would help me if I was reapplying on grounds that my condition had changed.

I don't fully understand the reason to ask for a set aside (might they give me another hearing), it was suggested I do it. I have submmitted a little further evidence. My GP agreed that I haed mobility issues and added information to my medical records but he would not send it to DLA without a letter of request from them and they would not request it at the set aside stage.