Hi, really need some help please. Am trying to assist enquirer appealing a DLA decision and part of this is arguing high rate mobility but struggling to see how I can fit the legal criteria. Enquirer had a stroke and since then whenever he stands up he goes dizzy and lightheaded. He uses a walking stick but only manages about 20 metres of walking before he has to sit down due to being dizzy.

Any help on this would be very much appreciated and it is urgent as well as tribunal next week.

The important thing to remmember is that the legislation relates to distance walked before "severe discomfort"(as opposed to severe pain).

yes you're right, I think I need to focus on the word 'discomfort' - thanks for that.

As far as I can see your client does fit the legal criteria for "Virtually unable to walk".

Dizzyness / Lightheadedness severe enough to make someone have to sit down falls (no pun intended) within "severe discomfort" and if this occurs after about 20 metres, You should qualify for HRM.

Provided, of course that you have convicing medical evidence to suport this claim.

Agree with derek_S that dizziness can enable someone to qualify for the higher mobility component of DLA.

Having said that, what needs to be shown is that any dizziness has a physical cause. This is because in CDLA/2879/2004 a Tribunal of Commissioners hold that difficulty in walking which results from pain, dizziness or other symptoms affecting physical functions which are found to have an entirely mental or psychological cause cannot qualify a claimant for higher rate mobility component.

A summary of CDLA/2879/2004, together with a link to the full decision itself, is available in the briefcase area of rightsnet.

thanks, yes I was a bit concerned about this case as it has to be a physical cause but I will argue that a stroke is a physical cause although the GP seems to be a bit baffled as to why the dizziness is occurring a year on but has been referred to a neurologist so that's something.

great thanks, I'm going to go with 'virtually unable to walk'