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DLA LRM query.
Just a quick query folks. Can a person be considered for the low rate mobility component of DLA if they need to be accompanied outdoors at all times to keep them safe if the cause for such guidance and supervision is from a physical condition rather than a mental one?
My client is a 15 year old girl who has several epileptic fits per week and when this happens outdoors she could be at risk of personal injury (ie crossing the road) as well as the risk of her being taken advantage of.
I have had a look through CDLA 7/2011 which seems to suggest that reasonable fear and anxiety can only be acknowledged for LRM if the cause stems from a mental disability, and Epilepsy is a neurological condition.
I have probably answered my own question above but i would be interested in people thoughts on this one.
Thanks, as always folks.
The short answer is yes. The supervision is given to prevent danger to a claimant during a seizure or to keep him safe after one due to confusion or disorientation, i.e. to stop him wandering into a road or getting lost. The fear element in these cases is a red herring.
Her DLA claim was refused and i wrote a revision request stating that she should be entitled to DLA due to her guidance and supervision needs. They have also refused my revision stating she has no such needs. Swines!
GL24 on its way and I will hope for the best.
Thanks Nevip.
Have just done (and won) an appeal for the LRMC for a client who suffers both seizures and absences - a letter from the nurse specialist was a big help.