We are going to Tribunal (again) to dispute the fact that my daughter (aged 16, who has severe learning difficulties and severe developmental delays) has been awarded the lower rate of mobility. They have said that this is because she does not have a severe mental impairment as she consciously decides to run out into the road/take flight, for example, when she hears a loud noise/gets distracted (all just a couple of examples). She has no sense of danger and does not understand the world around her. My contention is that these are unconscious 'decisions'. they are not deliberated on in any way, just immediate reactions. How do I prove this? Any help would be really appreciated. We have arranged for an ed psych report.
It is not necessary to 'prove' anything to a tribunal as they make decisions on the balance of probabilities. You just need to present a case of your daughter's disability as accurately as you can. If the DWP's arguments sound ridiculous to you (as often is the case), it may well sound ridiculous to the tribunal. After all, nobody conscientiously runs in front of a moving car!
Obviously any medical evidence supporting your daughter's lack of awareness will help, as will your own description of her disability at the hearing.
