Hello All
I am currently representing a client with MS. GP report sketchy as she has only seen him twice and never discussed difficulties she has in relation to care & mobility needs. EMP visit/report diabolical. Emp more concerned with husbands occupation, photographs and holidays taken/going to have, also passed comment in report that 'dining room/kitchen looked unclean and untidy.'(is this relevent to care & mobility needs? client has found this very humiliating and distressing.) he did however note that she had slight impairment to both hands and all joints in both legs stating that she could walk 120m in 2 mins slowly in the morning, then reducing to 50m in 1 min slowly in the afternoon ( this is her worse time due to severe fatigue)client states her mobility is reduced significantly during the pm period to virtually nil, she also loses balance and stumbles frequently. At the time of the application she hadn't fallen because she had managed to stop herself by grabbing furniture etc but since then has had 3 falls ( no injury and not told GP).For some reason EMP stated that help would be required if on hills and steps if slippery! which of course the DWP won't accept.

Her main problems are severe fatigue, which in turn affect her mobility, cognitive behaviour(loses ability to be coherent in speech, memory loss, lacks concentration etc)she is in constant pain and requires help every day from family.

The crux of the matter is (sorry it's a bit long winded) I can only find case law relating to ME(CFS) has anyone successfully used this caselaw with MS or does anyone know of specific caselaw relating to MS. I would very much appreciate any advice on this case.
Thanks in anticipation

It's not exactly what you're after (if at all) but the EMP's comments on help on hills surely implies a need for LRM. Or are they saying that she must only ever walk on level ground? (Level ground rule surely doesn't apply to LRM, and surely most journeys involve inclines??)

And it probably won't help you but I'm currently taking a MS case to Commissioners (or, rather trying to, as leave not granted yet) on various grounds but the main one being that the reduced stamina of client means in my opinion she reasonably requires more help with her own bodily functions to give her the strength to properly relate to, help in the development of, and everything else one needs to do as a mother, especially as her youngest child is 2 and she was diagnosed when pregnant.

MS seems absent from caselaw to an alarming degree.

Nothing springing to mind but would suggest you contact Welfare rights team at The M.S Society as they can be very helpful!!. Having been diagnosed for some time with this wretched illness myself, please feel free to email if you need anything.