Yet another catastrophic failing by the so-called Benefits System

[JrnyFan4Life]

Well I think my title says it all. As some of you are aware from my previous posts, my partner is profoundly deaf in both ears (she has 90% hearing loss) and has been since birth. She had been claiming DLA until they stopped it back in May due to her not returning a form they never sent in the first place(!) so she applied again, and has been refused both the Care and Mobility parts on the basis that she is aware of apparent dangers and she can communicate normally. Well I can assure you that this is NOT the case. She needs supervision when crossing roads because she has a tendancy to walk out without looking, which has resulted her nearly being killed on more than one occasion. She also relies heavily on lip-reading and the person needs to be standing directly in front of her otherwise she can't pick up a damn thing they're saying. We have started using BSL as she finds it very difficult to communicate in noisy surroundings. I feel this is gone beyond an appeal and that this should now go into the hands of our solicitor as this isn't the first time they've said no.

[pompeyfaith]

Have you had a read of the link below from the DWP as it gives you an idea of what they look for and assess

 

What is hearing loss? - DWP

 

And yes i think you do need a solicitor as it will be a weight of your mind for a start.

 

Just make sure the solicitor has experience in dealing with welfare benefit claims.

 

Regards

 

PF

[JrnyFan4Life]

Have you had a read of the link below from the DWP as it gives you an idea of what they look for and assess

 

What is hearing loss? - DWP

 

And yes i think you do need a solicitor as it will be a weight of your mind for a start.

 

Just make sure the solicitor has experience in dealing with welfare benefit claims.

 

Regards

 

PF

 

Thanks for the link, according to the guidelines, she'd be classed as having Severe Functional Restriction. As for the solicitor he's good at what he does, she has a tribunal next month for ESA and he's put in his own report along with her medical records. I'm just so annoyed it's unreal.

[upallnightworrying]

Have you contacted your MP? My family have resorted to this when dealing with DWP. A member of the family was refused DLA, even though they were bed bound and doubly incontinent and suffering seizures. Our local MP got involved and things went very smoothly from there.

 

Good luck

[JrnyFan4Life]

My MP and the local paper are two options I'm seriously considering. Whilst I agree with them on certain aspects, the rest of the letter totally contradicts what was put in the application form. And whilst my aim is to get my partner's DLA claim resolved, I feel that people need to know just how badly the system fails those who deserve the help.

[Emma1973]

I've recently read an excellent Tribunal decision concerning this very issue. The link that I have is www.osscsc.gov.uk/aspx/view.aspx?id=578 , the file number isCA 124 1993 amd the Reported number is R(A)2/98. Secretary of State for Social Security v Fairey (Otherwise) Halliday. It concerns itself as to whether communication is a 'bodily function' and whether extra attention is needed, very interesting and something you might be able to use in an appeal

[JrnyFan4Life]

I've recently read an excellent Tribunal decision concerning this very issue. The link that I have is www.osscsc.gov.uk/aspx/view.aspx?id=578 , the file number isCA 124 1993 amd the Reported number is R(A)2/98. Secretary of State for Social Security v Fairey (Otherwise) Halliday. It concerns itself as to whether communication is a 'bodily function' and whether extra attention is needed, very interesting and something you might be able to use in an appeal

 

 

Thanks for the link Emma, however I'm afraid to say that after reading it, I don't understand any of it lol, but it looks as though the claimant's appeal was rejected?

[ErikaPNP]

If that is case number CA/124/1993 then yes, it was rejected by the Comisioner.

 

A high volume of DLA applications are being refused at the moment but an average of 50% are being overturned at appeal stage.

[JrnyFan4Life]

Thanks Erika. What annoys me most about the situation is that this isn't the first time she's had to appeal for DLA to be given. She went to a tribunal when she was 21 and got a lifetime award, now because of a mistake on their part which they won't admit to, she's now paying for it all over again, and it looks like she'll be attending yet another tribunal.