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Posted by denann3 (U14925680) on Wednesday, 6th July 2011
Can somebody please tell us what to do next. My husband became deaf in sept. 2009 due to constant ear infections and had to have surgery which left him deaf. He put in for a claim for D L A dec. 2009 he did tell them that he was having a cochleia implant fitted in feb 2010 which is classed as a hearing aid as he cant wear it 24/7. They turned him down for D L A because according to them you have to have the illness for six month continuously. What they were actually saying was that although he is deaf the implant would make him better.... After eighteen long months my husband and I attended the hearing today. Our argument was that the implant is an aid not to make him better that is why they turned him down in the first place. Although they said they know hes deaf and sympathise they cannot award him D L A because by law he does not fit the criteria and yet that wasnt the decision why he was turned down in the first place. Why waste tax payers money letting us go to tribunal in the first place and why do some deaf people qualify and some dont I really do not understand this . The only reason he put in for this benefit in the first place is because he was advised by job center plus to do so . Do deaf people recieve D L A ?
Posted by monic1511 (U1768751) on Wednesday, 6th July 2011
It can be difficult to get DLA for deafness as you have to show that you have mobility and care needs to get DLA.
You would need to show on the form that your husband requires guidance and supervision while outdoors in order to keep him safe. Does he have balance problems as well as deafness.
You need to request a statement of reasons to see why the tribunal turned you down but DLA isn't awarded because you have an illness. The first criteria is that you need to hae had the illness for 3 months back and expect it to last another 6 months. so if he had the operation which would be expected to solve the problem within 6 months he wouldn't be due DLA.
This is the DLA criteria in full but if you deceide to reapply then try & get help from CAB or welfare rights when completing the form.
To qualify for DLA care component your care needs must ultimately stem from disability; both physical and mental disability may help you qualify. You must be so severely disabled physically or mentally that you require
During the day.
No 1. “Frequent attention throughout the day in connection with your bodily functions” or
No 2. “Continual supervision throughout the day in order to avoid substantial danger to yourself or others”.
No 3. “prolonged or repeated attention in connection with your bodily functions” or
No 4. “in order to avoid substantial danger to yourself or others you require another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over you “ or
Part-time day care
No 5 “you require in connection with your bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods)” or
No 6”you cannot prepare a cooked main meal for yourself if you have the ingredients”.
To get High rate care you need to satisfy
Either No 1 or No 2 daytime tests and
Either No 3 or No 4 night time tests
To get Middle rate care
Either No 1 or No 2 daytime tests or
Either No 3 or No 4 night time tests
To get Low rate care
Either No 5 or No 6 part time day care
To get High Rate Mobility
No 1. you are unable to walk or
No 2. you are virtually unable to walk or
No 3. the exertion required to walk would constitute a danger to your life or would be likely to lead to a serious deterioration in your health or
No 4. you have no legs or feet (from birth or through amputation)
No 5. you are both deaf and blind or
No 6 you are entitled to highest rate care component and are severely mentally impaired with extremely disruptive and dangerous behavioural problems.
Low rate Mobility
You must be aged 5 or over and “so severely disabled physically or mentally that, disregarding any ability you may have to use routes which are familiar to you on your own, you cannot take advantage of the faculty out of doors without guidance or supervision from another person for most of the time.”
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