Claiming of DLA for Deafness and back dating

xlt_hunter

Well I have put in a claim for DLA based on advice from the powers as I suffer a degree of hearing loss in both ears - This is sensory hearing loss from birth (I am 24) so I have 40% in one ear and 50% in the other ear as hearing loss.

About 5 years ago I put a claim in for DLA when I was living with parents - but our friends at the DWP decide to refuse me (did not get a chance of appeal). So I redid it again in the first week of Jan07. Using the help guide from RNID website I went to fill out the online forms to get started.

On Saturaday I got a letter requesting futher information on how it effects my day-day activies like watching TV and without Subtitles (I can not watch TV without subtitles as I can't understand it!) So sat down again with their paperwork filled in what they wanted to know - but added an extra 5 pages of information on the in depth effects it has on life for myself - to be quite frank its harder on your own without your parents being there to wake you up in the mornings etc.

So this was sent back this morning, after speaking with RNID again I can be in line for Lower rates on Care and Mobitly - that would be great, but now have to wait for some pen-pusher in B'ham to decide!

Now, if I get what I entitled to - what can I do or ask them about the orginal cliam I made back in 2000/2001? as basicly its more or less the same information, but new claim is worded in more detailed and importantly can it be back dated?

Taloola78

As far as I am aware you can only get it backdated to the date of your current claim.
You will also find it very difficult to get anything other than Low rate care component unles you have another illness.
My father is profoundly deaf and has 0% hearing in both ears due to medical negligence as a child and he never got this till he was in his 30's and married to my mother.
We have tried on several occasions to appeal this but it has been a losing battle.
They said that if he managed to go out and socialise as a youngster then he can manage as an adult. The interview with him was really intrusive and they asked him very personal questions about him and my mum. They said they needed to know the answers because if he can behave like a 'normal' person sometimes then he can do so all the time and doesnt need help.
I suggest you go to your local welfare rights department and they will help you fill any more forms in as they are very good and know all the proper terms and technical jargon to use.
Best of luck with it.

healy

I am sorry to say that there is nothing you can do about the original claim and that the DLA cannot be back dated either.

Zara33

Your original claim for DLA was closed once the DWP decided that you were not entitled to any DLA, you might have been able to appeal but you didn't.
So no you will not get anything for any previous claims regardless if you filled the forms in more or less the same way.

Hopefully you will be entitled to DLA this time round.

xlt_hunter

Ah I thought so, many thanks on that - but If i am successful I will be wanting to know the reason why I was refused back in 2000. I will take it to the MP if I have to as I think its a bloody disgraceful. It shouldn't matter if one has a Disability and make changes to his/her life just to cope. Like me, now that I have made these changes in life when I moved to my home, there are times I can do with the help and times when I don't

I only want Low rate care as looking at the paperwork Low Rate care deams to fit what I am going though at the moment.

This is a sniple from RNID which i think is excellent advice, as many deaf people don't relise that they can claim for care compent as well!

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Deaf people and the care component

Most deaf people who get DLA care component qualify because they need "attention ... in connection with" their "bodily functions". Both hearing and speech are treated as "bodily functions".

If you need help to communicate with other people this counts as "attention". However, help with communication only counts as attention if it has to be provided by another person in your presence. If, however, you can communicate with the use of special equipment, such as a hearing aid or a textphone, this will not count as "attention". Various kinds of communication support can be seen as 'attention' including:

• British Sign Language (BSL)/English interpreting
• lipspeaker
• communication support worker
• speech-to-text reporter
• informal help from friends or family.

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I am to go for classes very soon for BSL, as at the moment I have/feel very trapped in regarding the social world. Like my words I want to say don't come out like I want them to! So would like to meet other deaf people but can't until I understand BSL. And the other factor is I get informal help from friends or family.

Here is to all hoping now for the penpusher to see what it feels like with the deafness.

What I don't want to be going though is a intrusive and very personal interviews as I will freeze up! (word/speech wise),

I find it sicken that they don't tell you that you can claim at all. I found out by chance when my mum claimed DLA for my little brother along time ago. My Deafness wasn't treated propery with hearing aids (I can't stand them!) till I was about 5 years old. This meant I spent many years in and out of speech therpy sessions and though endless amount of bullying in Primary school as you feel like an outcast if you can't proform like normal people!! I can not say some words like Wimbledon (I stuggle like hell with this one)

xlt_hunter

Zara33 wrote:

Your original claim for DLA was closed once the DWP decided that you were not entitled to any DLA, you might have been able to appeal but you didn't.
So no you will not get anything for any previous claims regardless if you filled the forms in more or less the same way.

Hopefully you will be entitled to DLA this time round.

I hope - I never had the option to appeal in the first case.

TBH, I wish I kept the paperwork now.

Zara33

Good luck with this claim, but if the DWP turn you down again APPEAL!!!
Best wishes.

Morglin

DLA unit only look at any "needs", and not the disability, which is why, those that don't make it very clear all the things they need help with, often get turned down.

There's also an irony to the fact that those that manage best with their disability often lose out financially because DLA unit then think they don't need the help........:rolleyes:

I always advise claimants to get professional help (via CAB) to complete the forms in the first place, (unless they are experienced in doing these forms), as they know how to make clear the problems resulting from the disability, and to appeal any rejection with their help.

Lin

xlt_hunter

After checking with mum on hers, if I am refused I have a few contacts to look into to appeal (mainly teacher of the deaf who I had contact with before in the past)

I like to hightlight "needs" part - okay I am fine on my own to do the day to day stuff, but when it comes to the talking and hearing in the day to day I simple can't don't it and need informal help ie - I need "you" to repeat what you said, I need "you" to look at me and speak to me in a manner where I can understand "you" with me lipreading you. Back to the advice fromRNID - if I request that "you" make any adjustment regarding my bodly functions then is class as lower rate care compent

Morglin wrote:

There's also an irony to the fact that those that manage best with their disability often lose out financially because DLA unit then think they don't need the help........:rolleyes:

Correct - funny though in the eyes of the DDA (Disability Discrimination Act) I am classed as disabled, but I have to fight my entitlement for the DLA as they said back in 2000 that I am not disabled though - come on, I am either or I am not. But as the DDA says - I am.! I can see it happening again and I will appeal and use the quotes from DDA

Disability is defined by the DDA as follows: "A person has a disability for the purposes of this Act if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." This is a wide definition and can include people with;

• physical or mobility impairments
• visual impairments
• hearing loss
• dyslexia
• medical and long term health conditions
• mental health difficulties
• autistic spectrum disorders and aspergers syndrome

Going to get intesting now - I might even go to the local NHS and request my ENT reports and get it all ready...

Zara33

Although you have a disability it does not automatically entitle you to DLA, it's all based on needs i'm afraid. You just have to stand your ground and make these people understand that your need is greater.

xlt_hunter

Zara33 wrote:

Although you have a disability it does not automatically entitle you to DLA, it's all based on needs i'm afraid. You just have to stand your ground and make these people understand that your need is greater.

Correct - I am aware of that.

I am not one these people to stand up and say I have a problem give me everything you got.

Thinking over the claim you do relise what help you "really" help in to live in the real world. I can't go up to a stranger to ask for directions without them looking at me and thinking that you are a !!!!!! for doing so. But wearing hearing aids makes you stand out in society (and funny enough since I now wear one instead of the two, it goes as a slient disablity)

Now waiting on the paperwork now....

I;ll keep everyone upto speed as it progress.