DLA claim and cluster headaches

Hi I have had a client who suffers from Cluster headaches during the headaches he is incapable of doing anything. they last from 45min to 3.5hrs. he does not get any warnings. is on oxygen and needs to have mask held on during an attack so that the does not pull it off.
claim went to Tribunal just recieved the Statement of reasons. they do not appear to have grasped what cluster headaches are like. they state as cl can selfcare inbetween attacks he is not eligible. but cl does have supervision needs they have not covered this.
have they made an error in law in not considering supervision? if so any case law I can use to strenghten the case to upper tribunal?
thanks

Its all very interesting.

Why does he pull the mask off? Is there another condition?

he just looses control of what he is doing and he tries to fight off the person . he does not have any other condition.

What’s the danger with the 02 mask being removed?

For supervison remember the words are ‘continual supervision througout the day’ & ‘to avoid substantial danger to self/others.’

It’s a curious one.

on a general point ... have you seen http://www.ouchuk.org

they have a dla guide @ ouchuk.org/html/news/DLA advice notes.pdf

(you’ll need to cut and paste the link because there are gaps in the URL they’ve used)

.. which says ‘One important point to remember is that if you use 02 you must have someone with you, as if you fall asleep the cylinder could run out and there is a very real risk of you suffocating! This is how one member got his DLA granted on appeal, by pointing this out.’

I’m surprised at the 02 running out/suffocation argument.

If a non-rebreathing mask may be used even these leak and the atmosphere and the patients own breath can be re-inhaled.

I repped for a client with cluster headaches some years back and he, too, lost initial appeal. I concentrated on attention rather than supervision (as with your client, I don’t think the tribunal really understood how debilitating cluster headaches can be- have they considered how he is afterwards as well as during the headaches? My client was left groggy, disorientated and generally weak for some hours after his headaches so needed help to get up, reach toilet, eat & drink, etc).