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DLA walking criteria: outdoor only or indoor too?

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12 years 2 weeks ago - 12 years 2 weeks ago #99544 by Jonathan
Hi,

Is the walking distance criteria for DLA higher rate mobility just for outdoor walking or does it apply to indoor walking too, i.e. if I can walk normally indoors but not outdoors then do they still consider me able to walk? I know that you can get lower rate mobility if you need supervision walking outdoors but I'm not sure if the walking distance test for higher rate mobility also applies only when walking outdoors or not.

I have a mobility issue affecting my legs which means that the skin reacts to the outdoor climate causing intense pain, itching and burning sensations. Consequently I can only manage a few metres (certainly less than 50) outdoors, but I can walk fine when indoors.

I had an Atos home visit and as part of the assessment, the doctor asked me to walk in and out of various rooms, which I could do OK since it took place indoors. As such, I expect he will state that I can walk without problems. He never asked me to walk outside which would have triggered the problem (and I repeatedly told him that the condition only occurs when outside, to which he just said "yes" but didn't seem to make a note of it).

Would there be grounds to challenge this if the DM ultimately decides that I can walk fine because of the indoor test conducted by the Atos doctor, if the criteria is only for outdoor walking? I know they often extrapolate the figures, e.g. if you can walk around a supermarket then they deduce that you can walk 800 metres or so, but in my case although I'd be able to walk around a supermarket, I wouldn't be able to walk outdoors to actually get to the supermarket in the first place!

My GP is aware of the condition and has prescribed (ineffective) medication which the Atos doctor saw but I am reluctant to ask her for supporting evidence because the last time I asked her for a letter she charged me £30 for it and it didn't even cover everything. I can't afford to do that again. I'm not seeing a specialist (yet), so there is no other medical opinion.

Thanks for any advice and I hope my post isn't too long.
Last edit: 12 years 2 weeks ago by Gordon.

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12 years 2 weeks ago - 12 years 2 weeks ago #99548 by Gordon
Jonathan

I am afraid the answer is yes and no :(

The test considers your ability to walk outdoors, level ground not a hill, however, ATOS assessors are also taught that someone who shows no problems in walking around in their house is unlikely to have problems walking outside with sufficient restriction to meet the DLA requirements.

Of course this is a simplistic view of something that may actually be quite complicated, our DLA guide hi-lights that walking is not just a question of somone moving from A to B, matters such as the distance you can walk before you feel severe discomfort, the time it takes you, the way you walk, whether you are prone to stumbling, and how often you can walk should all be considered as part of the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 2 weeks ago by Gordon.
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12 years 2 weeks ago #99553 by Jonathan
Thank you Gordon. This is what I expected, that it is an 'outdoor' test but they can base that on how well you can walk indoors.

I think I'll request a copy of the medical report and from there see what has actually been written and ponder if it's worth taking it further if and when the decision finally comes, to see if it's worth appealing and risk losing the rest of the award.

Thanks for the fast response, as always.

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12 years 2 weeks ago #99555 by Gordon

Jonathan wrote: Thank you Gordon. This is what I expected, that it is an 'outdoor' test but they can base that on how well you can walk indoors.

I think I'll request a copy of the medical report and from there see what has actually been written and ponder if it's worth taking it further if and when the decision finally comes, to see if it's worth appealing and risk losing the rest of the award.

Thanks for the fast response, as always.


There is a guide in the DLA section that covers refuting the medical report in regard to walking.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jonathan

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