MM v Secretary of State for Work and Pensions (ESA): [2017] UKUT 236 (AAC)
Upper Tribunal Administrative Appeals Chamber decision by Judge Hemingway on 5 June 2017.
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Judicial Summary
It is perfectly permissible for a tribunal, in making findings as to the distance a claimant is able to walk, to attach weight to that claimant’s own estimate as to how long in terms of time (usually expressed in minutes) he/she is able to walk for. It is also permissible for a tribunal to extrapolate as to what such an estimate, if reliable, might translate into in terms of distance. However, there is no rule to say that where a time estimate is offered it has to be accepted unless there is something specific to contradict it or to suggest it is unreliable. Further, it may be appropriate for a tribunal to consider whether such an estimate is or is not likely to be reliable and to probe this with a claimant. There may be reason to think that time estimates as to journeys which are undertaken regularly might be reliable.