×

Notice

The forum is in read only mode.

× Members

distance & minutes before severe discomfort

More
14 years 1 month ago #37197 by Jeff1
Hi, The part i was quoting is from CDLA/0217/2009. It is the News Section of this site under the Headline, "Claimant who can walk and run gets High rate mobilty for icontinence". The decision in full can be downloaded. Best Wishes
More
14 years 1 month ago #37206 by Gordon
On the assumption that you pass the walking test by being able to do so without pain, then the test is usually phrased as the distance that can be walked without severe discomfort.

If you are already in in severe discomfort or pain at the time you start to walk then you would be deemed to have failed the test.

I think that exaplains it. :)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
14 years 1 month ago - 14 years 1 month ago #37221 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:distance & minutes before severe discomfort
Hi Gordon,

That was not the position that I and my many colleagues took when I was a DLA Tribunal Member.

A person who is in 'severe discomfort' (pain is not mentioned in the legislation) at rest is 'unable to walk, and therefore meets the test, as would someone 'virtually unable to walk' who could only walk x yards, at y speed, in z minutes.

Legally, there is no minimum or maximum that a DLA claimant can walk in order to qualify for the HRM component of DLA.

Speed, distance and manner of walking, time taken to walk x yards are all factors to be considered.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 14 years 1 month ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Clarification.
More
14 years 1 month ago #37226 by Gordon
Jim

I think we are actually in agreement :)

I always assume, because it is the DWPs test, that passing is seen as a negative thing, and therefore always talk about failing it.

I think its all about double negatives.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • RachelPotter
14 years 1 month ago #37229 by RachelPotter
Replied by RachelPotter on topic Re:distance & minutes before severe discomfort
Gordon,
I think we are all feeling 'doubly negative' at the moment! :)
  • keira30
  • Topic Author
14 years 1 month ago #37239 by keira30
Thanks for all your help...the dreaded form has now been posted, i will keep you posted
Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid