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Attendance Allowance
Does anyone know of any case law/arguments regarding AA and problems that relate to previous severe trauma - the problems are not obvious ones to consider but small things that are forgotten but we would do as matter of course and without thinking. To look at you would think there is nothing wrong and in terms of performing daily activities there is not.
Also any ideas on how to argue the case that AA is in essence very much focused on practical, physical activities
This is the firs time I have heard of someone not getting AA
As always a huge thank you for any help, advice or tips
I don’t think you need case law here.
What you need to do is to set out;
- precisely the things that the client forgets/forgets to do
- why this results in care needs
- why those care needs, in terms of frequency, regularity and duration meet the qualifying criteria for an award
As Past Caring states it is vital that you spell it out for the DWP.
As for a case that was refused AA. Elderly lady riddled with Arthritis. Went as far as tribunal who agreed with the DWP. Statement from FTT was damning of the claimant - stated that she was not a credible witness. Within 2 weeks of refusal a new claim was made and copied from the previous claim. Some 5 weeks later decision was to award day & night rate indefinitely!