Hi All,

Have any advisers dealt with Disability Living Allowance claims for people who suffer from M.E. or Chronic Fatigue Syndrome or both? If so, what are the success rate for appplications?

Furthermore, what do you think of the new Disability Living Allowance application forms? Are they taking longer to complete?

Thanks very much

Karl Pearce

From time to time a DM will come up with arguement that ME is a neurological condition as opposed to a physical one - see CDLA/1020/1997 and CDLA/2822/1999 FOR Commissioners decisions which counter that particular line of thought -

Also, many ME suffers can only walk a short distance perhaps once in a morning and/or afternoon, and cannot repeat the exercise - in this respect you could look at CI/95 which although from Northern Ireland, is highly persusive on the principle of "Reasonable regularity".

There are several Commissioners' decisions on the matter of whether ME is physical in origin and certainly the prevalent view is that it is so.

Earlier this year I repped in Sheffield and sent in a submission before the hearing explaining that wile the claimant CAN perform task A and task B she cannot perform B immediately after A but will need to rest for a long period in between. Therefore, for long spells in the day she does need help with bodily functions. The Chair was a gem. She went for that argument and awarded middle rate care and high rate mobility even though the EMP report had been unfavourable.

Tried the same approach since in Derby. With much less success.

The moral of this story, I suppose, is that a case where the claimant has ME is much like any other. If the Chair is prepared to listen sympathetically you will get a good result, but if not you probably won't. On the other hand, if you have put in a detailed submission before the hearing and you still get an unfavourable decision, the Chair's written reasons have to be very thorough if they are not to leave you with grounds to go to the Commissioner.

I have had success with ME sufferers and DLA. Make sure that they give details of the pain that they experience (usually in muscles and headaches) so that you can use the pain case law if necessary CDLa/0902/2004. They are more than likely to receive a visit form an EMP so advise accordingly