Deafness and DLA

[cbbc]

Hi, Has any one ever managed to be awarded DLA for being partially, severely but not completely deaf.

The award was turned down on grounds that my friend could walk and did not need help to cook or bath etc (even though through other problems he does) but completely ignored all the evidence provided form the doctor about his hearing.

There was no mention at all.

He has joint problems and was awarded the highest level for 2 years last time but this time he has the added problem of deafness which has been proved by the hospital and he has 2 hearing aids. They don't work for him. There are certain tones he is completely deaf to.

This time he has been turned down and awarded NOTHING at all.

Can there be an award for needing help due to deafness?

Thanks.

[HardYards]

Hi, Cbbc,

 

I'm not sure about the deafness but I know with DLA you have the right to appeal. My OH had to go to tribunal because among other things his doctor was completely ignored (we won).

 

I think your friend has a month after the decision to appeal, and then perhaps if he is turned down again, continue to tribunal - we had legal aid help us (if legal aid and/or the CAB are still going).

 

Has your friend got any assistance from Social Services? They can help with DLA forms.

 

Or maybe one of these orgs can help:

 

British Deaf Association

 

Royal Association for Deaf People

 

RNID

 

It's a sad fact of life that many people who need this assistance are being knocked back because of cuts, benefit cheats, etc. It sometimes takes several tries - we had a friend who was a quadriplegic and he still had to fill out forms every three years.... like the DWP knew something he didn't!

 

Good luck,

kind regards

H.x

[JrnyFan4Life]

Hi cbbc,

 

My partner is Deaf and was awarded DLA at the lower rate indefinitely, we did have to go to Tribunal though, but it can be done. I suggest you gather enough evidence (hearing tests, medical history, doctors letters etc) and use them to your advantage. Unfortunately, the Deaf community shot themselves in the foot by saying they didn't want Deafness classed as a disibility, hence why so many people have problems trying to claim DLA. I also advise going to the CAB or seeing someone who knows about welfare rights. Does he know sign language?

[cbbc]

Hi, Thanks for the answers.

You are right, there was a man on 'saints and scroungers' the tv programme the other day who was turned down even though he had terminal cancer.

The DWP said that he had been turned down because of an error filling in the paper work but I think they turn every one down first time regardless and hope you will go away.

Does it take as along to get to tribunal as the ESA appeals do?

As for my friend, he doesn't do sign language, he just needs help in certain situations. He would not hear a smoke alarm or telephone and can't hear people on the phone.

We have to shout at him and he uses ear phones for the television which leaves him isolated.

The DWP have said although they agree he could be in danger, he doesn't need help all day and night.

The thing is now though, with osteoarthritis etc is that the G.Ps dont want to send you for scans and x rays because it costs too much. It took me two years to get am MRI and its a lot harder still now.

As they have already said that non urgent operations which would include arthroscopies to check out your joints are not going to be given then we will have no evidence to prove our pain and disabilities and they wont just take our word for it.

The save money all round really.

[JrnyFan4Life]

The length of time it takes to go to Tribunal might be different where you are, I know it took us a year to get to Tribunal up here in Newcastle. I would advise your friend gets a hearing test done at the Hospital, if it has an ENT (Ear, Nose, Throat) Department. The DWP do have a habit of turning people down at the first time of asking, a friend of ours who is deaf and also paralysed from the waist down was refused 3 times before she won. It's the same with ESA claimants having to do a medical with ATOS, ATOS will lie through their back teeth and reject it then it goes to Tribunal, the whole thing is a disgrace.

[Nystagmite]

How does being deaf mean he has care and /or mobility needs? That is what they care about. It doesn't matter how many tests he's had done stating that he's deaf.

[JrnyFan4Life]

Perhaps because I've sat through the same tribunal when my partner got turned down and know from experience. The Tribunal Services does actually bother to read the evidence and therefore it's best to be prepared.

[cbbc]

How does being deaf mean he has care and /or mobility needs? That is what they care about. It doesn't matter how many tests he's had done stating that he's deaf.

 

Being deaf brings a lot of problems.

If a person cannot hear people talking, traffic, alarms or telephones then every day help is needed.

Of course he needs proof that he is deaf.

The mobility is something else. I did not say he needed help with mobility for his hearing.

What point are you making?

[Nystagmite]

Being deaf brings a lot of problems.

If a person cannot hear people talking, traffic, alarms or telephones then every day help is needed.

Of course he needs proof that he is deaf.

The mobility is something else. I did not say he needed help with mobility for his hearing.

What point are you making?

 

That DLA is based on needs and not the condition itself. There are aids that vibrate that he can use instead of alarms.

[watchinginvestigation2010]

It depends on his other disabilities. being deaf itself does not give the right to dla. There are a lot of deaf people working and living normal lives I think is what the poster was getting at. If his disabilities as a whole affect his care needs then he can appeal and go to tribunal.

 

There are so many inventions nowadays to improve a deaf persons life, they are interested in care needs as help with bathing, can he cook a meal himself, can he walk unaided etc...

 

But no harm in appealing it is his right.

[sj01]

That DLA is based on needs and not the condition itself. There are aids that vibrate that he can use instead of alarms.[/QUO

Are you deaf? Is deafness your disability?

Do you have expert advise to offer or just an opinion?

Do you think that deaf people should not qualify?

If you do mean that, then just say it.

[watchinginvestigation2010]

I dont think he meant to offend nor I for that matter, but a condition does not give the right to dla, I know i have a condition and get dla high rate care low rate mobility, it is the extent that it affects his needs. Every case is judged on its own merits and care/mobility needs.

 

Also more so lately with the changes putting pressure on those disabled to work who cant possibly and being labelled feckless etc......there are cases where it appears you have to be dead to claim esa and once denied you inturn tend to loose dla..Everyone genuinely needing help needs to appeal and go to tribunal it is our right.