Mid care for profoundly deaf girl from birth

I know this topic has probably been covered before but was wondering if I may be able to get some help.

DLA Low Mob & Mid care awarded for five years, on renewal only awarded Low care, tribunal hearing on Friday with a submission and request from myself requesting reinstatemnt of previous award. Have given examples of frequent attention and relevant case law in the submission.

We requested the tribunal arrange a Signer, who did not turn up, after waiting for 30 minutes and my client getting agitated we went in, the panel stated they where prepared to award low mob & low care without further questioning based on evidence in the papers and submission, if client wanted consideration for middle care then they would ask some questions if client agreeable, after two questions the panel decided it was not able to communicate so have adjourned pending new hearing with signer and excluded themselves from further input, the closing statement from the judge was in order for this case to move forward at next hearing will need evidence af attention.

I really though the examples given showed frequent enough attention(obv not) and the fact they could not communicate without signer to me would maybe give extra weight to the level required.

Any suggestions what I can do further for the re hearing.

Thanks in advance

Gail

Gail Knight - 11 November 2013 12:21 PM

I know this topic has probably been covered before but was wondering if I may be able to get some help.

DLA Low Mob & Mid care awarded for five years, on renewal only awarded Low care, tribunal hearing on Friday with a submission and request from myself requesting reinstatemnt of previous award. Have given examples of frequent attention and relevant case law in the submission.

We requested the tribunal arrange a Signer, who did not turn up, after waiting for 30 minutes and my client getting agitated we went in, the panel stated they where prepared to award low mob & low care without further questioning based on evidence in the papers and submission, if client wanted consideration for middle care then they would ask some questions if client agreeable, after two questions the panel decided it was not able to communicate so have adjourned pending new hearing with signer and excluded themselves from further input, the closing statement from the judge was in order for this case to move forward at next hearing will need evidence af attention.

I really though the examples given showed frequent enough attention(obv not) and the fact they could not communicate without signer to me would maybe give extra weight to the level required.

Any suggestions what I can do further for the re hearing.

Thanks in advance

Gail

if they are school age I would look at what help the school provide (if you haven’t included this already) as if they provide a signer to help her during lessons etc then surely she must have a pretty strong case based on that additional support alone?

stevenmcavoy - 11 November 2013 12:41 PM

Gail Knight - 11 November 2013 12:21 PM

I know this topic has probably been covered before but was wondering if I may be able to get some help.

DLA Low Mob & Mid care awarded for five years, on renewal only awarded Low care, tribunal hearing on Friday with a submission and request from myself requesting reinstatemnt of previous award. Have given examples of frequent attention and relevant case law in the submission.

We requested the tribunal arrange a Signer, who did not turn up, after waiting for 30 minutes and my client getting agitated we went in, the panel stated they where prepared to award low mob & low care without further questioning based on evidence in the papers and submission, if client wanted consideration for middle care then they would ask some questions if client agreeable, after two questions the panel decided it was not able to communicate so have adjourned pending new hearing with signer and excluded themselves from further input, the closing statement from the judge was in order for this case to move forward at next hearing will need evidence af attention.

I really though the examples given showed frequent enough attention(obv not) and the fact they could not communicate without signer to me would maybe give extra weight to the level required.

Any suggestions what I can do further for the re hearing.

Thanks in advance

Gail

if they are school age I would look at what help the school provide (if you haven’t included this already) as if they provide a signer to help her during lessons etc then surely she must have a pretty strong case based on that additional support alone?

She is not school age she is 26 on ESA she mostly spends time on her own due to not being able to socialise she does use computer and text and the rest of the time with family who interpret for her

The lead case on DLA and communication is Fairey.  I’d have a look at that.  I think the claimant was also known as ‘Halliday’, so you may have to search under that name.  Essentially it’s a question of evidencing all the occasions on which the person needs assistance with communication.  This would include occasions on which assiastance is not available because no signer is available.