Breathing problems
Long-term breathlessness can be caused by, for example, poorly controlled asthma, chronic obstructive pulmonary disease, anaemia, or heart problems.
Note: Although disablement must be caused by a physical or mental health condition, it is the needs and difficulties that result which will determine entitlement rather than the condition itself. As a result, whilst the case law below may be of assistance, it will be important to also look at the case law relating to the activities and issues that affect you too.
Case law
Commentary: Whilst we don't yet have any commentary in relation to the case law items below, we'd love to hear from you if you'd like to contribute. Send us a suggestion and we’d be happy to incorporate it here. | Add commentary or suggest an edit.
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Tribunal erred in failing to consider descriptors including under managing therapy, communicating verbally and planning and following journeys on claimant’s transfer from DLA to PIP at 16 years old
- [2024] UKUT 378 (AAC)
- UA-2024-000163-PIP
- MK v Secretary of State for Work and Pensions (PIP)
- Whether a nebuliser can be an aid for the purposes of administering medication
- [2016] UKUT 556 (AAC)
- CPIP/2916/2016
- RB v Secretary of State for Work and Pensions (PIP)
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Requirement to consider the ‘reliability’ criteria when assessing mobility descriptors / Whether a satnav can be an ‘orientation aid’ when following a route
- [2016] UKUT 304 (AAC)
- CPIP/239/2016
- RB v Secretary of State for Work and Pensions (PIP)
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Where a claimant suffers from two or more conditions, probability of PIP descriptors applying on more than 50 per cent of days must be calculated
- [2015] UKUT 620 (AAC)
- UK/972/2015
- AK v Secretary of State for Work and Pensions
- Asthma inhaler is not an aid for the purposes of mobility activity 2
- [2015] UKUT 547 (AAC)
- CPIP/1206/2015
- KR v Secretary of State for Work and Pensions
- Relationship of descriptor 2(c) to the other moving around descriptors
- [2015] UKUT 529 (AAC)
- UK/694/2015
- JP v Secretary of State for Work and Pensions
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Duty of tribunal to give claimant an opportunity to consider a new issue which may result in a less favourable decision being made
- [2015] UKUT 155 (AAC)
- CSPIP/33/2015
- BTC v Secretary of State for Work and Pensions