I have a client whose partner/carer's mother(!) is keen to try on a supersession of DLA to attempt to increase the low mob award to high, on the basis of his inability to walk for up to 3 - 4 hours after a major seizure, of which he is having 1 - 3 a day at the moment. (Current award low mob middle care - can certainly see due to his night time fits it's worth trying for high rate care but less convinced re mobility)

I thought this was worth a shot while pessimistic about the outcome for many reasons, not least that his epilepsy has only recently become so uncontrolled, although a recent change in med has been spectacularly unsuccessful, and he faces a barrage of tests/scans etc in the next few weeks.

I have warned them of the danger to current award (small), length of award (high - due to foreseeable future improvement in his condition etc)but supersession forms had already been requested by client and they are adamant they will be appealing if unsuccessful.

Forms have gone off, but I wondered if anyone else has been successful on this basis, or what people thought?

All contributions welcome (now don't make me regret writing that...)

Hi Jo

One sunny bmorning a few years ago the gods looked down and smiled. I had 3 tribunals on the trot, the second and third involved trying to get awards of LR mob increasesd to HR. The first involved a child with physical problems with his legs and a mild learning disability, not really relevant to your case.

The second however involved an adult with epilepsy and learning difficulties. I argued that following seizures his manner of walking was so erratic as to be virtually unable to walk (he would wander into the road, into hedges, lampposts etc) and that he also suffered from extreme fatigue. He had seizures evey other day and not daily like your client.

I must admit I was not that confident about this case, unlike the other 2. However I need not have worried as the tribunal members were in an obvious good mood and I just got lucky and won all 3.

So, it is certainly worth trying you just never know! And by the way, as requested, the tribunal never went near the care component.

Good luck
Paul

I also have a client who made a renewal for DLA and is suffering from epilepsy and this claim has been disallowed. The clients appeal file has come in and the GP was asked for a factual report but this states that she has not had an attack for dec of 2001?

From what you describe of your clients current condition I would think there is a strong case for High Rate Mobility (based on frequency) the main question at the moment should be how long have they that bad?
From your description it can be calculated that for 12 hours every day they are virtually unable to walk. (I don't know if that would be deemed enough - perhaps other advisors can add to this)