My client has just been refused leave to appeal by the commissioner, and I feel inclined to take the case further. I just don't know if or how I can. The client is a single lady with mental health issues, who I feel merits DLA low mob and middle rate care. Tribunal awarded low care only. Mob refused as she 'only gains reassurance ......'. Obviously our sub concentrated on R(DLA)3/04 and suchlike. The commissioner has pulled out the tribunal's assertion that my clients condition had improved, based on her testimony and the fact that she moved out of sheltered accommodation, to refuse leave on the grounds that she failed to continue to satisfy the conditions. Unfortunately I didn't raise this point in my sub as sor used it to justify award of low care instead of middle, and I was challenging non award of low mob. The fact is that the tribunal erred. The client did not live in sheltered accommodation, but in a bedsit in a shared house. There is evidence to confirm this, which was before them. She moved into a flat, and testified that she could cope better because she no longer had to share facilities, although this is not clear from rop. HELP!!! Is there anything I can do? Really want to help my client, who is spiralling down again partly because of this.
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