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Omagh Independent Advice Services

​An adviser conducted a benefits check and successfully appealed an Attendance Allowance

An adviser conducted a benefit entitlement check for an 80 year old woman suffering from angina, chronic obstructive pulmonary disease, osteoarthritis, depression and had a propensity to fall. An application was made for Attendance Allowance.

An Examining Medical Practitioner (EMP) report recorded very low peak flow rate, reduced air entry and wheeze (suggests lung problem), stiffness and weakness in lower back, left leg, left ankle and that there was a significant risk of falls.

Another striking point about the EMP report was how some of the findings were what might be expected in an Work Capability Assessment report, for example it recorded that client could not self-propel herself in a wheelchair and sat in an upright chair for 30 minutes without obvious discomfort.

Help from OIAS

Unfortunately the application was refused. The adviser lodged an appeal on behalf of the client and represented her at appeal. The adviser argued that the issue at hand was did the client reasonably require help as opposed to help actually received and also pointed out that the 80 year old client did not present herself at an assessment to have her capacity for work determined.

The Outcome

The appeal was allowed and the client was awarded low rate Attendance Allowance.

The adviser conducted another benefit entitlement check based on this change of circumstances, as there became an entitlement to the Severe Disability Premium within State Pension Credit. The outcome of the adviser intervention was an increase in the client’s weekly income by £112.50 per week; with a total of £5,062 paid in arrears of benefit.