We are experiencing problems with deaf and blind and deaf/blind people who are losing entitlement to DLA on renewal. The frequency of this occuring is increasing and we wonder if it is just our local decision makers. So is anyone else experiencing this? Often the deaf or blind person leaves it too late to appeal, causing all sorts of problems.

We have seen a number of these recently. In particular 16-18 year olds who are no longer getting the attention they needed at school. It appears attention for work doesn't count. i.e. one client has job as home carer and employer has too send second carer with him for communication and health and safety reasons. But clearly the DWP don't accept this as supervision/attention. Its like Mallinson and Fairey/halliday never happened. Though I do believe as they are almost all renewals from the period before the rules of low rate mobility where changed . One has to believe there may be a connection in the DWP once again applying blanket interpretations of new rules, i.e. if in doubt strike out the claim they can always appeal the decision .
Though I'm sure the DWP would accuse me of paranioa.

paranoia! it goes with the WR territory!

i want to know why the appeals service think i should not have a day off!

i've recently taken one of these appeals, but the problem was due to use of a PCA med report.

still haven't seen it - just got the SDA appeal superseded - client should not have been referred for exam - had transitional protection. SDA and IS just sorted out - now this, plus husband's CA disallowed, and IS will be affected - but looking forward to it - client is blind in one eye, very little vision in other, and it sounds like she got 8 points only for vision problems. (letter said for speech difficulties, but i assume that was a keystroke error!!!) DLA unit have told client the report says she could drive a car...

jj

DVLA & DLA obviously have different criteria

We often find that people lose all or most entitlement to DLA at the renewal stage, it is currently unclear why this is. When we enquire about this directly to senior management, we are told one of two things; -

1 That each case is decided based on its own merits
2 That the new system of accreditation will encourage DM's to be a little more thorough in their decision making.

The unnoficial version is that DM's do not have enough time to assess the new applications they receive daily, let alone appeals, reconsiderations and renewals and give them the time they deserve.

Should a deaf/hard of hearing (hoh) or blind person be refused an appeal because they are out of time, there are some very convincing arguements that can be used in their favour, to have their appeal considered out of time.

RNID's casework service would be interested to hear of any instances were this has happened to a deaf/hoh person, they can be contacted on caseworkteam@rnid.org.uk

I don't deal with many hearing impaired clients, but i have had success at a recent tribunal with a client who is a lone parent who has moderate/severe impairment by arguing that she needs help so she can look after her children.

This is not help to look after her kids directly, but help for her so eg she can 'hear' and react when they (the kids) need attention. She was awarded middle rate indefinitely.