80% disablement and SDA

The 80% disablement test seems to have been harder for a person who stammers to fulfil than the personal capability assessment. However, one tribunal decision did found a particular person who stammers to have 90% disablement.

The 80% disablement test is used for severe disablement allowance (SDA), for which first time claims cannot now be made. SDA is only useful in certain circumstances, but may be worth having anyway if a claim was put in in time.

You need to show a loss of physical or mental faculty such that the extent of the resulting disablement amounts to not less than 80%. Disablement means one's overall inability to perform the normal activities of life - the loss of one's health, strength and power to enjoy a "normal" life. A medical adviser will generally assess the percentage of disablement.

Certain situations have a prescribed percentage of disability and regard may be had to these in looking at other situations. It is evident from these examples that 100% disablement is not total disablement; it is just a certain standard of disablement. For example loss of a hand and foot, or absolute deafness, counts as 100%. You will be 80% disabled if you have had either arm amputated just below the shoulder, even if you cope well with that. Other examples of 80% disablement include loss of both feet, or amputation of a leg just below the hip. As regards hearing, the test of 80% disablement is not prescribed but a guideline seems to be whether the person can hear a shout over one metre away (see RNID leaflet). Very severe facial disfigurement counts as 100% disablement, which may be useful for a stammerer with severe facial contortions. Emotional aspects are also relevant. Of course any disablements you may have apart from the stammer could also be taken into account.

See the tribunal decision mentioned above, as to how the rules were applied to a stammer in that case.

The guidelines on epilepsy in the official Handbook for Adjudicating Medical Authorities are particularly helpful by analogy for people who stammer.

There are difficulties with the rules on percentage disablement. The test for deafness, a communication issue like stammering, seems unduly severe and out of step with the tests for loss of limbs, given the key importance of communication to human beings. This is particularly so given that it seems artificial aids should be taken into account, eg prostheses, hearing aids. A person with the type of loss of limb described above can, as I understand it, often lead a very full life with the aids that are available. This does not leave it very clear at what level the 80% test is intended to be set.

If your condition varies, the medical adviser works out an average assessment taking into account 'good' and 'bad' spells.

Factors such as inconvenience, genuine embarrassment, anxiety or depression can increase an assessment.

I would be interested to hear of anyone who has succeeded in claiming SDA for stammering (atyrer2000@yahoo.co.uk). So far I have only heard of the one successful claim mentioned above, where it took four years of persistence to get a positive result.

Main Social Security Benefits page, where there are also references for further information.

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80% disablement and SDA

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