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Top Incapacity related benefits topic #989

Subject: "PCA & Learning Disability" First topic | Last topic
Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

PCA & Learning Disability
Mon 08-Aug-05 01:42 PM

Our local authority, like many others, act as appointees for people with learning difficulties who can't manage their own affairs. I have an appeal for one such client turned down on the PCA. Its the first time I've had a PCA appeal and I'm worried about how it fits in to the mental health assessment. Does anyone have any experiences of taking this type of case?

  

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Replies to this topic
RE: PCA & Learning Disability, Semitone, 08th Aug 2005, #1
RE: PCA & Learning Disability, northwiltshire, 23rd Aug 2005, #2

Semitone
                              

welfare rights officer, Redcar & Cleveland Welfare Rights
Member since
22nd Jan 2004

RE: PCA & Learning Disability
Mon 08-Aug-05 02:21 PM

Rewind! That should read "the first time I've had a PCA appeal where learning disability features as the illness"

  

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northwiltshire
                              

welfare rights officer, c.a.b. n.wiltshire
Member since
26th Jan 2004

RE: PCA & Learning Disability
Tue 23-Aug-05 12:25 PM

If you have done mental illness or physical illnes appeals then treat it just the same, the descriptor headings are " Mental Disabilities" not mental illness or special needs etc. So deal with it in the normal way.
1. Do any exemptions or special circumstances apply (Regs 10& 27)

2. what descriptors apply.

3.Have they any physical problems that may score points so the mental & physical points can be combined

4. Make sure that you apply the old wording of the Regs & descriptors in line with "Howker" where applicable.

For evidence are they getting DLA it will mean alternative evidence is available from the DWP, also if they have passed a previous PCA get a copy of the report and IB113 their GP will have submitted.

Hope this helps good luck

  

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