Commissioner's File: CIB/3013/1997
SOCIAL SECURITY ADMINISTRATION ACT 1992
SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS ACT 1992
APPEAL FROM DECISION OF SOCIAL SECURITY APPEAL TRIBUNAL ON A QUESTION OF LAW
DECISION OF THE SOCIAL SECURITY COMMISSIONER
Social Security Appeal Tribunal: Blackburn
"The tribunal accept as correct and adopt the facts set out in box 5 of the appeal papers under the heading "summary of facts". The tribunal find that the appellant should have been awarded 7 points for being unable to walk more than 200 metres, 3 points for being unable to walk up a flight of stairs without having to hold on, and 3 points for sometimes being unable to bend or kneel as if to pick up a piece of paper from the floor. The net award of points should, therefore, have been 10. The appellant did not, therefore, satisfy the All Work Test.".
"The 3 descriptors suggested by the appellant's representative were walking, bending and kneeling and stairs. The tribunal accepted that the appellant did have limitation in walking, and accepted his evidence on this and that of his general practitioner; the exact extent of the appellant's ability to walk was a little uncertain, but the general practitioner had mentioned 200 yards, as had the appellant, and the tribunal, therefore, feel that this is probably accurate. It is possible that the appellant could walk somewhat further than this in that he did say in evidence that he walked to the local park and went around there for exercise, as he had been advised to do, and that if he did this at a slow pace this tended to delay the onset of muscle pain. Taking a broad view of the evidence, however, the tribunal find that 200 metres is a reasonable estimate of the appellant's walking ability. So far as the other descriptors are concerned the tribunal accepted the appellant's evidence to the effect that sometimes he would have difficulty in bending or kneeling and that he did require to hold on when going up a flight of stairs. However, even with these points the appellant still did not satisfy the All Work Test.".
" (c) Cannot walk more than 50 metres without stopping or severe discomfort.".
" (d) Cannot walk more than 200 metres without stopping or severe discomfort.".
Descriptor (c) carries 15 points and descriptor (d) carries 7 points. The claimant argues that the tribunal, in finding that he scored 7 points because it considered that he is able to walk 200 metres, had neglected to deal with the relevant question which is how far he can walk without stopping or (the claimant's and my underlining) severe discomfort.
"A record of the proceedings at the hearing shall be made by the chairman in such medium as he may direct and preserved by the clerk to the tribunal for 18 months, and a copy of such record shall be supplied to the parties if requested by any of them within that period".
(Signed) R J C Angus
(Date) 21 April 1998