Tribunal of Commissioners 25 November 2005
Case Nos CDLA/2879/2004 and CDLA/2899/2004
paragraphs 145 and 162 above) it may be that tribunals have in the past been too ready to conclude that the fact that no specific identifiable cause for lower back pain and dizziness has been found, despite extensive investigation, means that there is no physical cause. (Paragraphs 146 and 166 above).
(iii) In cases where a claimant’s inability or virtual inability to walk is caused by both physical and mental factors, the claimant is entitled to the higher rate of the mobility component if the physical disorder is a material cause - i.e. if its contribution to the inability or virtual inability to walk is more than minimal (paragraph 116 above). The physical cause must be one which is still current at the date of the decision maker’s decision (paragraph 119), but it does not matter at what point in the chain of causation it comes (paragraph 120).
His Honour Judge Gary Hickinbottom
25 November 2005