I currently have a client that has an oral appeal hearing in February in respect of a claim for Attendance Allowance that has been refused. The client is 72 years and suffers with severe osteoarthritis that affects both her legs, her hips, her knees, her ankles and her feet. The osteoarthritis affects her in everyday life and also affects her quality of life. This was explained in detail on the form but the claim was still refused. Does anyone know of any cases similar or of any case law which could be used to assist my client?

Many thanks

John

Hi John,

This is a difficult one to answer as I do not know how much you know about AA and do not know much about the case. Assuming you know little, does your client fit the statutory tests for AA on her own assessement? (ie frequent attention/continual supervision etc) If so is there medical evidence to support the claim?

This sounds more like a case which which revolve around the facts rather than legal issues.

What are the Decision Makers reasons for dismissing the claim?

Can she or a carer get to the Tribunal venue? Medical evidence is probably not going to be very helpful in this case as very few doctors know what effect diabilities have on their patients - though if the doctor normally does only home visits that would be very suggestive. Otherwise the best is for direct oral evidence and let the Tribunal decide if they believe it.

Who filled in the form? "Home-made" AA forms are often very sparse on information as they don't lead the person filling them in to the same extent that DLA forms do. A good submission can work wonders (wearing my CAB hat, I have succeeded more than once in getting a revision without the need to go on to appeal) on a clear exposition of the facts. Don't worry too much about the law as long as you don't make any silly mistakes like housework which often plays an unrealistically large role in older women's self-completed AA forms.

Someone pointed out to me that the need to be accompanied when out of doors is not necessarily irrelevant to AA, as it can count towards daytime care/supervision needs. I think it might have been Penny Wood on an Appeals Service training course!

Brigid