walking and pain

mazza111

margaretclare wrote: »

Yes!

DH got more help from the most junior member of the practice who is young and up-to-date.

totally agree with this. My dd has EDS/HMS, well we both do, but her's is worse, the new GPs and locums have been absolutely brilliant with her. The old grumpy one says she should be taking paracetamol and she'll grow out of it (she's 21), but then a consultant ortho surgeon told her that too...

zaksmum

rogerblack wrote: »

Pain while walking is not always an entitlement to DLA.
If your pain exists prior to walking, and continues unchanged during walking, it may not qualify.
If it changes, or worstens, then it should.

However.
Report the numbness to the GP, even if it seems to not help.
If there is another GP in the practice, it may be worth considering switching.

Unless it's changed since I last looked at it, if you can only walk with severe discomfort, such walking has to be disregarded.

Therefore if you are only able to walk with severe discomfort, you are treated as being virtually unable to walk and you qualify for DLA higher rate mobility.

Bryando

How much would you expect to pay for your physio notes? Going to get a hold of them and send them in to DLA.

Bryando

zaksmum wrote: »

Unless it's changed since I last looked at it, if you can only walk with severe discomfort, such walking has to be disregarded.

Therefore if you are only able to walk with severe discomfort, you are treated as being virtually unable to walk and you qualify for DLA higher rate mobility.

I thought I read something along those lines , however was unable to find it on a google search.

They are saying I can walk slowly in a reasonable manner with or without aid. I thought yes that is correct and never appealed it. Why the hell what they mislead? I did say in the claim Im in severe discomfort before walking and walking.

rogerblack

zaksmum wrote: »

Unless it's changed since I last looked at it, if you can only walk with severe discomfort, such walking has to be disregarded.

It's not quite this simple.
The discomfort has to be brought on, or change by the act of walking.
If, for example, you have severe pain in an arm that does not change when you walk, that would not entitle you to DLA.
Similarly with a leg.
If however, the pain worsens or alters due to walking, the above applies.

I would point you at the relevant bit of the DMG, but am preparing for tribunal on thursday.

Bryando

Can you post a link to the DMG please?

luminated

This is from

http://www.dsdni.gov.uk/dmser_chapter61.doc

And which is access from the DMG's available here

http://www.dsdni.gov.uk/index/ssa/information_for_advisors/ssani_adviser_technical_guides/decision_makers_guide/decision_makers_guide_volume10.htm

---

Disability Living Allowance mobility component - definitions
Unable or virtually unable to walk
61276 One of the conditions for entitlement to the higher rate mobility component is that the disabled person is unable or virtually unable to walk (DMG 61255 1.). People are taken to be unable or virtually unable to walk if and only if their physical condition is such that
1. they are unable to walk1 or
2. their ability to walk out of doors is so limited when considering
2.1 the distance over which or
2.2 the speed at which or
2.3 the length of time for which or
2.4 the manner in which
they can make progress on foot without severe discomfort , they are virtually unable to walk2 or
3. the effort needed to walk would put their life at risk or be likely to lead to a serious deterioration in their health3.

luminated

In my case I was given HRM based on the time and effort it took to walk up to 80 metres - so they said 'virtually unable to walk'.

dori2o

rogerblack wrote: »

Pain while walking is not always an entitlement to DLA.
If your pain exists prior to walking, and continues unchanged during walking, it may not qualify.
If it changes, or worstens, then it should.

However.
Report the numbness to the GP, even if it seems to not help.
If there is another GP in the practice, it may be worth considering switching.

Sorry but for the first time Rog I have to disagree with you.

Check DMG 61300.

Severe discomfort
61300 Severe discomfort must arise from the physical act of walking, but it is not necessary for the severe discomfort to first arise or to be increased by walking. If a claimant suffers from physical disablement which affects the physical act of walking, and which causes severe discomfort even when not walking, any walking accomplished despite the severe discomfort must be disregarded.

and Commissioners decision R/DLA 4/04

Commissioners Decision R(DLA) 4/04
The claimant had suffered serious multiple injuries in an accident, and his remaining injuries included a painful claw foot. He was refused higher rate mobility. An AT accepted that the claimant had a severe disablement which affected his mobility, but dismissed the appeal on the basis that the level of pain he suffered did not increase when he walked and he therefore did not fall within the terms of reg. 12(1)(a)(ii) of theSS (DLA) Regs. 1991.
Allowing the appeal, the Commissioner held that: Reg. 12(1)(a)(ii) requires that walking which cannot be accomplished without severe discomfort is to be disregarded; and although it is only discomfort related to the physical act of walking which is relevant to higher rate mobility component, there is no requirement that such discomfort must first arise or increase after walking has commenced. Where the claimant suffered from a physical disablement which affected the physical act of walking and which caused the claimant severe discomfort even when not walking, then any walking which the claimant was able to accomplish despite the severe discomfort was to be disregarded.

Both of these clearly indicate that whilst the pain must be attributed to the act of walking, there is no requirement for the pain to only be present whilst walking , or for the pain to change or worsen in any way.

Parva

Not wanting to scare you but I had lower back pain for years which also spread to my hip and eventually my entire right leg. The pain was there pretty much 24/7 and got progressively worse over a period of 8/9 years. Physio treatment made it worse everytime. Ask for an xray asap just to be sure! An xray would have saved me a whole lot more trouble further down the line had I realised what the problem was. At least make sure that your xray is clear.