Hi,

This is more of a Friday afternoon whinge but if anyone can offer any insight into the workings of the Disability and Carers Service it would be much appreciated.
I have a client who has just received notification of the decision regarding his DLA claim. He has been awarded High rate mobility component but has been refused any level of the care component.
The client in question. His illnesses are type 1 diabeties, angina, irregular heart beat, irritable bowel syndrome, stomach ulcer, prostrate problems, tinnitus in both ears, hearing difficulties in both ears (he has hearing aids but cannot wear them because of the tinnitus), gout, severe sleeping problems and severe bouts of depression. He is currently seeing 5 different hospital specialists in connection with his illnesses and has been referred to another specialist regarding his sleep problems. He also sees a counsellor and psychiatrist in connection with his depression. All this information (and lots more) were on the claim form that was submitted.
My question is how can the Disability and Carers Service say this client has no care needs?

John

ps - we are in the process of asking for a revision of their decision!

For an overview of the entitlement conditions to DLA, why not have a look at the Disability Alliance website? Click here for more information.

Essentially, it doesn't really matter what health conditions some one has, what is important is their need for either care and/or attention during the day and during the night.

Forgot to mention that he also has arthritis in his spine, neck and shoulders! I feel this particular client has both care needs and needs attention/supervision. He has problems communicating with people as he cannot hear what is being said because of the tinnitus and hearing problems. He has restricted movement and mobility because of the arthritis, he has dizzy spells, lightheadedness and has suffered blackouts because of his diabeties, his IBS, stomach ulcer and prostrate problems means his lifestyle is severley affected as he cannot go too far from a toilet. His angina and irregular heartbeat means he gets breathless very easily which also leads to dizziness and lightheadedness. His depression means he often cannot get motivated to get out of bed, to eat properly (which being diabetic isn't good), he fails to maintain his personal hygiene as he'doesn't see the point' and most importantly he often neglects to take his medication and has to be encouraged to do so. He does not like communicating with people, he won't answer the phone and fails to deal with correspondence. All of this was explained in great detail on the form, which is why I cannot get my head around the decision. As I said, I have asked for a written explanation of the decision and there is going to be a request for a revision of their decision.

Hi John

A written explaination won't tell you much as the explainations are usually just re-statements of the legislation. You should ask for copies of any medical evidence used , i.e. a GP factual report.

Then you will know the real basis for their decision, possibly an unsupportive GP. If they based the decison on no evidence, then it will be all the more easy to attack.

Regards
Paul

What you need to do is relate these problems to his requirements for frequent attention throughout the day and possibly the night as well.

The decision is most likely to have been based on medical evidence (often the GP or sometimes a DWP examining doctor), which you should also request a copy of. Once you have the decision and relevant evidence, you may want to approach any consultants of specialists that he is seeing for more in-depth evidence to support his claim.

Over 50% of DLA appeals are found in favour of the claimant, which should indicate the paucity of decision making standards currently.