Currently doing DLA appeal. Contesting whether client is virtually unable to walk. Sweet and Maxwell book p.558 states that, "what virtually unable to walk means is a question of law R(M) 1/78". Does any body know what this refers to and has anyone got a copy of the above decision R(M) 1/78?

Cheers and Merry xmas to everyone at rightsnet.

There's a quote in Neligans... http://www.dss.gov.uk/advisers/docs/neligans/pdf/nechap15.pdf

"R(M) 1/78...Although the question whether a person is unable or virtually unable to walk is a question of fact, the meaning of “virtually unable to walk” is a question of law and connotes that a person is practically unable to walk.

A medical board found that a girl of 17 who suffered with spasticity of her legs and was subject to frequent and unpredictable epileptic seizures was unable to walk and ascribed her inability to do so to the main condition of “inco-ordination and frequent epilepsy”.

On appeal the MAT upheld the board’s decision and recorded: “In the light of the evidence given by Dr.... it is clear that the appellant’s capacity to walk is seriously handicapped by spasticity and unpredictable liability to epileptic seizures”.

The S of S appealed to the Commissioner from the MAT’s decision on the ground that the tribunal had erred in law and it was held that the tribunal’s decision was erroneous in law. The doctor’s evidence had been that he did not advise that the girl should walk unattended, not that she was unable or virtually unable to walk; nor was it possible to hold, on the evidence, that the girl, who was capable of walking about a mile or more, was unable by reason of physical disablement to walk or virtually unable to walk. Compare R(M) 2/81."

Cheers Steve!