Hi everyone

I have a client who is on mid rate care DLA and wishes to ask for a supersession to higher rate care. I understand that medical evidence is needed. Are non medical reports from social workers etc acceptable? and what is the best strategey to obtain the higher rate care?

Jeff

Not knowing the medical conditions it is difficult to be specific, but be very careful, because as you probably know they will look at the whole claim again, and unless your client has a seriously disabling condition which guarantees that the middle rate of Care could not be reduced, then there is always going to be the risk that an overly enthusiastic DM might take away the award that's already in place; It's not unheard of, and it leaves you with egg on face, a less than happy client and an Appeal to fight. You should advise the client of these pitfalls and give them the choice of whether to proceed or not.

If however, you're confident they will not touch the middle rate, then look at the criteria for the night time rate - does your client require assistance Help) for reasonable periods of the night in connection with one or more of their bodily functions? to err on the safe side each occurrance should cover a minimum period of 30 to 40 minutes. The usual one is where incontinence is an issue, and the person needs help to change bedding, nightsclothes etc.

Evidence - does not neccessarily have to come from a GP/Specialist - Social workers if they attend regularly etc. If Social workers attend during the night, then so much the better. (The night by the way runs from when the client goes to bed - or when the family settles for the night - to when they would normally get up).

Any help?

I'm assuming that you have discussed whether the client actually meets the criteria for the highest rate of the care component and also explained the risk to the current award if you ask for a supercession.

You don't have to have medical evidence to support the supercession but there's no doubt that good supporting medical evidence helps.

Non medical reports are ok as long as the person writing it knows the client and how their disability affects their day to day life.