Currently have a client who is appealing dept decision to disallow her benefit. The client was getting LRM HRC. She has had hearing problems from the age of 9 GP states that she has severe bilaterail hearing loss and would have difficulty with commication with children and usual daily livin skills. This was back in 1997

The client then changed her GP, new GP put in GPFRin 2004 stating that he was not aware of her hearing problems until he was told about this. The client now has a hearing aid, The client does not see any consultant about this as she has been dealing with this from the age of 9.

The case was superseded and the dept used cases of Fairy/Halliday and Mallinson. Does anyone know of these or can the explain them to me. Do you have any tips for the appeal.

Tue 22-Feb-05 03:14 PM by ken

Newcastle Welfare Rights Service produce a comprehensive DLA & AA for deaf people pack designed to be used at any of the various claim/dispute/appeal stages and details of how to obtain it are available in our swopshop area –

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?135-2102-9512+swopshop

The Disability Alliance also produce a general but comprehensive DLA & AA case law pack, which does include case law summaries relating to deafness, and does include references to Fairy/Halliday and Mallinson.

A link to their pack is again available from our swopshop area –

http://www.rightsnet.org.uk/cgi-bin/publisher/display.cgi?1221-9103-17318+swopshop

The first thing that perturbs one is the fact a GP would write a report without reading the clients clinical notes first: does not bode well.
Secondly, you can ask the GP for a copy of the client's medical records, particularly any records that relate to the medical condition in question. If the surgery want to charge for these, try it under the Freedom to Information act.

Failing that, I have had Tribunals adjourn a hearing, asking TAS to obtain GP records - the last one obtained a computer printout going back to 1999.

Fairy/Halliday is to be found under R(A)2/98 - - I've forgotten the number of Eric Mallinson's case bless his cotten socks - no doubt Shawn will find it when he's had some coffee.............

Thanks for all the help. Will look into this when I have time. But I have another question. Would it be the case that because the client has a hearing aid and has lived for the condition and dealt with it for so long mean that she will get a lesser award at the appeal.

Eric Mallison - to be found under R(A)3/94

and R(A)3/94 @

http://www.dwp.gov.uk/advisers/docs/commdecs/93_94/a_394.asp

While checking out the RNID website @ www.rnid.org.uk discovered that, as well as several online benefit related factsheets, they also have a Casework Service which can provide advice and support for deaf people and their advisers who are challenging DLA and AA decisions -

RNID Casework Service, 19-23 Featherstone Street, London EC1Y 8SL.
Tel - 0808 808 0123.
Textphone - 0808 808 9000.
E-mail - caseworkteam@rnid.org.uk

The Fairey/Halliday decision is reported as R(A)2/98