DLA/AA claims - DWP citing aids & adaptions as a viable excuse to refuse - now becoming more common??

Hi, Having now concluded a report in respect of criminal proceedings as to ‘actual loss to the public purse’, I was asked if I could help with an Attendance Allowance appeal FOC!!!

Being the softie that I am, I said yes.

The SOR handed to me was the run of the mill - ‘yes we accept that there are considerable disabilities involved creating substantial care needs, but with readilly available aids and adaptions and the claimant taking more time to carry out her personal needs, there should be little needs left’ - something that I am seeing on a regular basis now.

I was then handed a Social Services OT assessment that stated that there were needs surrounding ‘difficulty washing/bathing, bed transfers, dressing & cooking’
SS have provided a bath lift, bed lever, perching stool and a ‘Safe Hands’ catalogue for other items.

I have argued with the DWP that notwithstanding these aids and adaptions that have been installed in the home, she still has difficulties and needs.

Getting onto and off the bath lift, washing the lower part of the body whilst in the bath, drying her body.
Getting in and out of bed is easier now but it doesn’t help with the walk to and from the toilet 4 times a night.
The perching stool is fine if left in one position - but she needs to be able to move it from one part of the kitchen to the other which due its size and weight is impossible.
As for the catalogue, she cannot afford to buy any of the aids shown even if they might help.

The DWP have thanked me for explaining what has been provided by SS but cannot see why she would have any further problems. She should approach SS again to obtain further aids to cover the problems she still has - walking frame in the bedroom to help with getting to the toilet, a long brush for washing whilst in the bath and more perching stools for the kitchen. The DWP concluded that the prices in the catalogue (photo copy was sent of various pages) were not unreasonable and should be affordable. If not SS should be able to obtain a grant for them.

Those weren’t the exact words used by the DWP, but they give a general idea of where I am at now.

As I have said I have argued that the aids provided do not and cannot cover all needs and likewise it is not reasonable to expect someone living on a basic pension to be able to afford £32 for a knife, fork and two spoons with easi grip handles!

GP has sent a factual report to the GP which states ‘no care needs & no mobility issues’ - simply because the client refuses to see the GP unless it is a matter of life or death situation.

The problem I see is that in sending the DWP a copy of the OT’s assessment (which totally contradicts the GP’s report) it has reinforced their hand in that the OT has suggested that the aids provided will ‘enhance safety and independence’.

Am I missing something??

Thanks

One approach might be as follows.  If you look at the Attendance Allowance claim form, part 23 asks about aids and adaptations and whether they have been ‘prescribed’ by a health care professional, for example, an occupational therapist.  The question is also asked, ‘How does this help you?’ and perhaps more crucially for your purposes, ‘What difficulty do you have using this aid or adaptation?’
You have already pointed out the difficulties with the perching stool.  Does your service user have a history of falls or is there a risk of falls?  If so then she may need supervision to use the walking frame safely.  Ditto with the bath lift.