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Seek good case law on ME
Have appeal next week. Looking for favourable decision on ME.
Amazing how so many are still dismissive of this condition.
The EMP report is very insulting. Says nothing wrong with client and is just reliant on others
with no good reason. His opinion on her mobility…..“she should manage 2-3 miles in an hour”.(outwith ME the client is 60)
The lady in question is adamant she cannot would more than 30m. She is in a wheelchair (albeit bought herself). Was there not a commissioner that said something along the lines that….... fear and distress about having to walk is a form of severe discomfort even if no significant physical problem???
I have no knowledge of the ‘quote’ you cite but you might want to have a look at CSDLA/265/97, CDLA/5183/97 and CDLA/4486/2000 specifically on CFS which might be helpful to the issues you raise (discussed in the commentary to reg 12 of the DLA Regs). But for a ggod overview of how non-physical factors should be treated for HR Mob you should read the tribunal of commissioners decision R(DLA)4/06 following the court of appeal’s decision in Harrison.
Cheers nevip.
The information was useful. Good tribunal yesterday and client given HRM & LRC for 2 years. Not bad
for someone who can do 3 miles/hour. ;)
Used that figure to suggest that EMP had been flippant and dismissive.
Sound.