dla + deaf

naf123

Hi!

Is there any profoundly deaf people here on the forum?

Im pretty annoyed with the DWP because I always had claimed DLA, and always was successful. Then i went abroad for a few years and I came back. I made a new claim in Novemeber 2006. I was REJECTED!! I can't belive how cruel they are!!!

Due to personal circumstances, i couldnt get to do appeal, but now I have done so. I wrote reasons for lateness. (i think within 13 months of oringal claim, one can backdate due to valid reasons)

They better let me win the appeal!!! I wonder what other profoundly deaf people get?

(I dont know many other profoundly deaf people, hence I am not aware of the real situation)

It seems that the DWP take a hard line on deaf people because alot of deaf people are only hard of hearing or severely deaf and those deaf people can talk on the phone etc etc (of course with difficulities), and at the same time ignoring the profoundly deaf people assuming they are the same as the others.

lil_me

I know someone who is profoundly deaf but she's never had DLA

http://www.benefitsnow.co.uk/RNID/survey1.asp

39% of respondents who had attended a hearing felt that the tribunal panel was not deaf aware

Morglin

It's not the disability that counts, it's how it affects your life.

When you go to the tribunal, make sure that you tell them in detail how much it affects you.

it might be an idea to see if your local CAB can refer you to a welfare rights worker, who will help you with the appeal, and go with you to put your case.

Lin

hissingsid

This RNID factsheet may help, especially the information on caselaw.

http://www.rnid.org.uk/information_resources/factsheets/benefits/factsheets_leaflets/?ciid=301547

If you do appeal, ask for and attend the tribunal hearing, as putting your case in person has a better success rate. If appropriate, take a helper with you as that itself will help prove your case which will need to highlight the fact that in certain situations you need help, for example to communicate in formal situations.

naf123

Thanks. I never realised you can ask for a tribunal hearing in the appeal etc....I guess I have to wait for them to reply, and then I will put forward that request.

I still can't understand why people think that profoundly deaf people can lead a "normal" life without trouble.

Unless the deaf person has the best of the best hearing aids, attended speech therapy at least 3 times a week as a child for 18 years, they may just about get away with leading a "normal" life.

But that is not the case normally!!

Morglin

If they turn you again, they will enclose details of how to appeal to a tribunal.

You should attend this in person - approx 70% are successful if the person attends, only 30% if they don't.

My step-nephew is deaf - and although he has a job, I know what you mean about it affecting his life - however, he has always been turned down for DLA.

Amputees are often turned down, because they are considered to be managing ok with their prosthetic limbs, so DLA is often a law unto itself, as lacking a limb (or more) obviously makes life difficult.

So much seems to depend on GP/consultant reports.

Lin

bwgames

I'm profoundly deaf too, and they have been clamping down lately.

I used to get middle rate care and lower rate mobility for the last 20 years, but on my last application (NOTHING changed, beyond going to university), they moved me down to lower rate care and nothing else, saying that as I was apparently doing so well, I didn't need it(?!).
Also strange was that the letter said "you have not qualified for mobility as you do not need help in unfamiliar places", when it was quite clear that I did.
Appealed, and after a few months they came back and said "you can have lower rate mobility as well", but no change to care.

Still not as good as it was, but still.....
Did not get asked to attend a tribunal.

tanith

I have a nephew and niece who are profoundly deaf and also have sight probs but have been turned down for dla....

Shelle

I am deaf too but no dla. The forms are geared towards other disabilities and being deaf is not "inconvenient" enough as far as the dla goes. That is why many deaf people fail to get this benefit despite the real difficulties faced.

I have the added difficulty that I am not classed as profoundly deaf, but severely instead, and yet like you I cannot use the telephone due to insuffiient hearing (despite 2 hearing aids).

That said, I do have a friend who suceeded in getting the dla awarded to him for life!! So ot can happen.

I would approach the rnid who may well be prepared to take on your case, or at least give you some advice.

naf123

Good news!!

Finally after 10 months of heartache, stress, running around, late nights, filling in forms, chasing people,

I HAVE BEEN AWARDED DLA!!!

Strange thing though....i was only expecting to get middle rate of the care component which is £43.15 a week, however its strange that I have been awarded the lower rate of both component which in total is £34.20 a week

I dont know whether to go through the appeal again, because maybe I can end up with middle rate care and lower rate mobility which could be a whopping £60.25 a week. I think I will rest for now since i cant be bothered with the whole thing and be happy with what I get!!

What do you think?

bwgames

As everyone has been saying, DLA is a law unto itself.

Appeal if you feel that you meet the criteria for the different rates. What I've never got with DLA and deafness is the whole mobility thing. As I see it, the lower rate of mobility is for people who need help in unfamilar situations. In my opinion, someone who needs to be able to see the person who is talking, would qualify for this, as for example, a profoundly deaf person might be able to get on a train by their own, and go places. However, say there's an incident at a station/train and its announced over the PA system.

What was a familar situation, turns into an unfamilar situation as you can't hear whats going on, and hence you need help.
Obviously this is dependant on your individual circumstances, but my general feeling is that getting the lower mobility rate is what I would have expected for someone who is profoundly deaf. Obviously if you couldn't walk as well or something, you'd also get higher rate mobility....

The care rate would depend very much on whether you needed help in general, which also depends on other factors, which may or may not be affected by deafness (e.g. mobility, speech etc) and as you've said, whether you had speech therapy etc etc.

If you did appeal, it might be an idea to put a brief paragraph or something explaining why you need mobility, but focus largely on the care in the appeal. My gut feeling is you won't have to justify the mobility so much, but the care would be more subjective.

I haven't got the DLA form with me, but if I remember right, stuff like, why do you need help at least once during the night or day etc? e.g. in case of fire alarm/burglary, what would you do etc....

Good luck....