i've got a client who is married and is only 23yrs. of age and has 2 children. since the age of 5/6yrs. she developed problems with her speech, the muscles around this area became too week and she can not speak without stammering. she can not put a sentence together. she finds it difficult to pronounce a word and can take 20-30 seconds to actually say the word. she won't go out alone because she can't communicate with people. e.g at the shop, getting on a bus, going to the cinema etc. the pressure of people staring at her, they try to finish her words or sentences for her, all makes her very anxious, worked up and embarrased. this then makes the stammering worse. she can't interact with her children, doesn't take them out much because of this. we applied for DLA hoping she'll get LRC & LRM. we also asked them to send out an EMP because her GP has washed his hands off the situation stating its like this for life and nothing can do. for years gone through life without any help or support.

no EMP sent and DLA refused based on GP's info. (doesn't say much apart from stammer).

the decision maker states they accept she has a stammer but she can communicate by other means such as writing because no other evidence to suggest she can't. she also has good hearing.

i'd be grateful for some help and advise. firstly does this argument hold any weight, if not any points as to an argument.

i feel that written communication could be done occassionally but not all the time. e.g. can you imagine asking for directions to some place or catching a bus and trying to write everything down to a bus driver or someone else, with all eyes on you, staring, wondering whats going on, and no doubt the bus driver getting fed up. (she's already had bus drivers drive off whists she's tried to ask a fair).

or going to a bank with a note or writing one at the counter, i'm sure the alarm buzzer's been set off before she's even finished her note. Or trying to cummunicate on the phone.
and how is she to cummunicate in writing with her two young children, ages of 4yrs and 1yr.

any help appreciated.

I had a similarish sort of case concerning a woman with a laryngectomy. She could not talk at all. They used the same arguments - she can write. We raised the same objections. She could not write notes to her grandchildren or the bus driver and it was not reasonable to expect her to put up with the sort of responses she would get in a shop. Similarly with using the telephone and even answering her door etc.

I am slightly embarassed to say that at the Tribunal I let the Tribunal go through the agonising process of trying to communicate with her in detail. After 45 minutes of notes being passed to them they awarded her middle rate care on the basis of help needed with communication.

I've had a similar case. Client was initially on middle rate care because of her depressive problems but once these ceased she was not awarded anything on renewal. She has been to tribunal twice but no award, the tribunal insisted on allowing her to speak for herself no matter how long it took and would not allow anybody else to intervene on her behalf. She does have other physical disabilities which have deteriorated and we are about to go to tribunal for a third time but I dont expect to be awarded anything on the grounds of communication!!

I had some success with the following submission in a case a month or two ago:

<<In connection with care needs arising from deafness, the Commissioner in R(DLA) 2/02, summarised (paragraph 34) the issues with regard to attention. In connection with bodily functions.

“…I derive the following propositions of law in connection with the application of section 72(1)(a)(i) and section 72(1)(b)(i):
• the operation of the senses is a bodily function and a defect in the senses leads to disability in connection with which attention might be required;
• the test is whether the attention is reasonably required to enable the severely disabled person as far as reasonably possible to live a normal life;
• the aggregate of attention that is reasonably required includes such attention as may enable the claimant to carry out a reasonable level of social activity;
• what is reasonable will depend on the age, sex, interests of the applicant and other circumstances;
• how much attention is reasonably required and how frequently it is required are questions of fact;
• attention in connection with bodily functions includes unusual efforts reasonably required to attract the attention of the deaf person in order to communicate with her. Unusual in this context means steps that are not or would not be required in respect of attracting the attention of a person in the same environment who is not deaf;
• a person is not providing attention when communicating with a deaf claimant by means of reasonably fluent signing unless communication is particularly slow and difficult;
…
• help required to undertake activities other than those "concerned with the relatively mundane everyday activities of functioning as a human being in ordinary life" does not count as attention for these purposes;
• although, in order to count as attention, any service provided must be of a close and intimate nature involving personal contact carried out in the presence of a disabled person, in the case of a deaf person this includes communication between that person and an interpreter;
• for these purposes there is no significant difference between the interpretation of the written word and the interpretation of speech.”

It is suggested that a similar approach is appropriate in the case of assistance in connection with the bodily function of speaking. In relation to her tendency to stammer and disordered thought processes, it suggested that Ms. Anon requires assistance in connection with the bodily function of speaking. It is suggested that this manifests in the following ways:

− She needs someone to enable her to take the extra time required to speak. It is suggested that she needs extra time to articulate her thoughts and that this when combined with her tendency to stammer can make it slow and difficult for her to express herself. It is noted in this context that the psychiatrist’s report supports the view that “her difficulties in communication … are attributable to poor concentration. The effect is clearly substantial and affects her profoundly on a day to day basis” (Doc. 159)

Paraphrasing R(DLA)2/02 it is suggested that where there are unusual efforts reasonably required to assist the claimant to assist her communicate which would not be required in helping another person without her disability to communicate, there is an “attention” function.

Whether by assisting the claimant by actively prompting/guiding with words/encouraging comments, providing non verbal cues to allow the claimant to speak or through providing particular focused attention; it is suggested that an involved listener is providing attention by means of enabling speech.

− The evidence suggests that the claimant’s stuttering is particularly bad when she is anxious (Doc. 45, 150, 189). It is suggested therefore that assistance by way of keeping her calm should also constitute assistance in connection with the bodily function of speaking.

Taken together with the claimant’s other physical and mental needs for attention it is submitted that there is a need for frequent attention throughout the day in connection with bodily functions.>>

thanks everyone for your suggestions, will use in the submission. also once the tribunal hear the client with her stammer, i hope they award her the benefit.

A case LASA took succeeded on the basis of extra effort for communication where the disability was a stammer (MRCC awarded). The DWP requested reasons and we await these and to see whether they will appeal.

This is a VUTT case as opposed to a VUTW case

Hope the wee joke didn't cause offence- I know a severe stammer is incredibly disabling- more of a legal pun than one at stammerers expense I hope.

Don't try to wriggle out of it now....