useful distance before severe discomfort

DLA Decision Maker stated that claimant who said he could walk 40 metres before severe discomfort could walk a 'useful distance' before onset of severe discomfort.

Should claimant say anything about the useful distance statement?

The claimant is in severe discomfort all the time but believed the term severe discomfort to mean severepain and estimated 4o metres before he is usually in agony.

Will a Tribunal accept that he misunderstood the meaning of severe discomfort?

Conel28

Hi conel28,

The claimant certainly should make that clear.

However, it is unusual for a DM to accept that someone can only walk 40 metres before the onset of severe discomfort - if that's what the DM has done - and not award them higher rate mobility.

Certainly most tribunals would make an award if they accepted the 40 metres walking distance.

The legal issue is whether the claimant is 'virtually unable to walk' and I'm not aware of a legal concept of 'a useful distance' in relation to DLA.

Good luck,

Steve

Hi Steve,

I didn't think there was a recognised 'useful distance' mentioned in connection to DLA but wanted to be absolutely sure. Thanks for that.

Below is the list of reasons given in the appeal paper.

"Section 6 - The Submission

Issues raised by the appeal

A report has been received from Mr xxxxxxxx GP and has been preferred.

He does not attend any specialists for his musculoskeletal or mental health problems.

He has pain on walking but is able to get around surgery. He takes co-codamol for pain relief. (This is an error on the GP's part as claimant was being prescribed Tramadol and Paracetamol at that time.)

He can walk useful distances prior to the onset of severe discomfort.

He has had one episode of collapse which is being investigated. Continuous use of a walking stick will provide support and minimise any risk of falls

He has difficulty with footwear due to his back pain but he can generally manage all other aspects of his personal care during the day and at night.

Overall the help required is not enough to qualify for help. He does not need continual supervision throughout the day. He can plan and prepare a cooked main meal for one person."

The claimant (a relative) stated on his form: "I currently manage independently but wife helps sometimes as I am in constant pain and the pain varies."

Conel28