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Top Disability related benefits topic #3096

Subject: "DLA/deafness - leave to appeal refused by Comm." First topic | Last topic
jason
                              

caseworker, halton district CAB, widnes
Member since
26th Feb 2004

DLA/deafness - leave to appeal refused by Comm.
Fri 28-Apr-06 07:49 AM

cl went totally deaf 3-4 yrs ago and we applied for DLA - MRC awarded at trib, no LRM as cl well able to read signs/understand writing etc, arugable maybe but cl accepted MRC fair enough

on renewal, and with cl now employed as a delivery driver, MRC revoked. appealed and 2nd trib upheld decision despite appeal being conducted via writtne notes passed between all parties - attention in connection with.... etc

Comm Powell has now refused leave to appeal on basis tht "reasonably required" is not hypothetical but based on personal circs and tht the help he required not sufficient to attract MRC

concluding sentences read "The applicant has encountered what might be categorised as an inherent contradiction in the legislation. Those who make the effort to overcome their disabiliities are less likely to be entitled than those who make no effort."

i do feel the appeal outcome is fair to a degree as my cl is indeed coping very well, conversation being the only real issue, jus wanted to post this because of the last part of decision.

  

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Top Disability related benefits topic #3096First topic | Last topic