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15 October 2022 | Case Study | Article by Peter Renshaw

Welfare Benefits team secure successful outcome for brain injured client

Our client, Mr C, sustained a traumatic brain injury years ago as a child. He is now a social recluse who lives in a caravan. His mother was referred to Peter Renshaw and Hugh James’ Welfare Benefits team by the national Headway Charity for brain injury survivors, for some assistance with benefits issues. She is in her 70s but still working, out of concern as to how her son will cope without her.

Our client failed the Work Capability Assessment, meaning that his Employment and Support Allowance award ended. This followed an uninformed assessment of hidden disability, with major inferences being made in relation to the ability to drive. He was assisted with an Appeal and a later Tribunal hearing was arranged. The Tribunal rang ahead on the day of the hearing, to say that the contents of our written Submission had been accepted, and that there was no need to attend the hearing. Mr C now receives approximately £173 per week as a consequence of that decision, and he cannot be subjected to any regime of conditionaility or pressure, including compulsory Work Focused Interviews or work related Activity.

We also advised that a Personal Independence Payment (PIP) application should be made. That application was refused further to another uniformed assessment of hidden disability. An initial challenge led to an award of the standard rate Mobility Component. However, this was not considered to be sufficient and an Appeal was lodged. Ultimately, a third Decision Maker accepted our representations in full and made an award of the enhanced rate Daily Living Component, without the need for a hearing or Tribunal input. The final PIP award is worth £112.75 per week.

Author bio

Peter Renshaw is the head of our highly regarded Welfare Benefits Department, which has been in existence since the establishment of Potter Rees Dolan Solicitors.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.

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