I have a client with epilepsy which at the moment is well managed but can re-occur at any time. His form of seizure is such that he has no prior warning of its onset. Does nayone have experience of a successful DLA claim on the basis of potential danger in situations such as these?
Thank-you

There was a "epilepsy and DLA" thread in the old forum you might find useful : http://www.rightsnet.org.uk/forum/disability/1204.html

In terms of useful case-law, the "Moran" case (R(A)1/88), and R(A)4/92 might be helpful.

Thank-you for this

Jane

You may also find Trinunal of Commissioners decision R(A)1/83 very useful, in that it concerns Epilepsy, and helps to define attention and supervision.

I had a successful appeal for woman who lost highest rate care, lower mob on review due to unhelpful letter from her neurological specialist. I prepared lengthy submission looking at, amongst other things, CD precedents for unpredictable epileptic seizures, but arguing that the tribunal should accept at least the middle care rate, lower mob based on witness statements and other evidence provided. Appellant's boyfriend came w. her to put the case for night-time need based on episodes he had witnessed sharing, as it were, her bed. Chair praised submission, and agreed to both middle care and lower mob in her intro. remarks. Rest of hearing focussed on highest care, and this too was awarded based on first-hand evidence of p/t carer/boyfriend. The chair did not ask us to leave room (1st time this has happened to me), & had clerk type up a short and sweet decision restoring all that had been lost. I invested a lot of time & effort in this because it had meant loss of IS as claimant is on l/t IB w/ age addition. Very happy lady!

I can provide copy of written submission if you send SAE to me c/o
Welfare Rights Team, FREEPOST (SCE11741)Hemel Hempstead, Herts HP3 9ZD

Thank-you for this helpful response Jake. I will forward an SAE to you asap

Jane

hi i wonder if you could send me a copy of your submission for dla & Epilepsy, it would be very much appreciated as the case i have sounds very similar, i wouls appreciate it if you could fax it through.

fax no 01226 287269

thankyou

The submission was actually prepared by Jake of William Sutton Trust ( see earlier message) so your best bet I think would be to contact him directly. My client had diabetes plus other health issues and in the end the appeal focused more on these. Good luck with your case.

hi

i would really appreciate it if you could also fax me a copy of the submission.

FAO Salma
fax number - 01254 675934

thankyou