Claimant has a number of debilitating conditions including Addisons disease, pernicious anaemia, polyglandular auto immunity and hyperthyroid disease since childhood. Recent radical treatment for mouth cancer.

Applied for DLA when he was diagnosed with mouth cancer under special rules but was refused. I contacted his oncologist who can't support under special rules (DS1500 was given by GP) so we've asked DBC to look at normal rules as well.

EMP report states no care or mobility needs and indeed he comments at the end "condition should continue to improve over the foreseeable future" WHAAAAAT????? Apart from the cancer he's had the other conditions 30 odd years. Must be a miracle cure that we don't know about.

Client is extremely self effacing guy and doesn't ever admit to feeling bad or needing help and has always been like this. So apart from EMP comments about improvment I suppose I can't blame EMP too much.

I've looked at the DWP Disability Handbook and there is a chapter on underrepresentation of disability. Apart from that is there anything else anyone knows about as it's the hearing next week

Somehow, you are going to need to establish (a) that he DOES have care and mobility needs and (b) what they are. If he himself cannot tell you, is there anyone else - for example, any erson who is actually providing them (claiamnts sometimes don't count immediate family as carers, they think it means professionals coming in from outside), or anyone who is appalled at the help he isn't getting?

DLA isn't about diagnosis (can't stress this too much) but impaired life snd the effect of medical conditions and the medicines used for them. And from the care needs point of course, it's about the help it's reasonable for soemone to have, not the help he gets.

What kind of life does he lead? What would he do for himslef that he doesn't if he felt better? What would it be nice to ahve done for him that wan't hosuework, shopping or gardening?

You're going to have an uphill task and you don't want to contrive an elaborate structure only for him to undermine it at the hearing by saying "well no, not really, not very much, not usually" and that.