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help with high rate mobility dla


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#1 Rainbow

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Posted 30 June 2010 - 09:53 AM

Hi was wondering if anyone could help me. I have a child aged 10 who has a dx of autism with a high IQ. She has such poor executive functioning difficulties that Guy's hospital ruled out AS and HFA. She has lots of difficulties, severe sensory, self injurous behaviours, ADHD, high anxiety etc etc. CAMHS backed my decision and felt that she really could do with a blue badge as she has such extreme and impulsive behaviours. Unfortunately we have been turned down and are now off to tribunal. I would really appreciate any pointers or advice as according to the DLA she met all of the criterias apart from her IQ which just seems ludicrous to me as it really shouldn't count when she has such severe difficulties. Thank you very much

#2 JsMum

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Posted 30 June 2010 - 10:34 AM

Definately get intouch with NAS there is a welfare rights officer who is brilliant, they will help you with regaurds the high IQ, what you have to prove is the severe mental impairment, and the severe mental impairment can be social functioning, mental health needs, communication, emotional and behavioural, what you have to do is prove that she has severe impairments in these areas, although a person may have an high IQ BUT can they transfer that intelligence to every day tasks, you also have to prove the severe behavioural difficulties, and that the person needs intervention or restraint to ensure they dont harm themselves or others.

DLA High Mobility is probably the hardest award to obtain for a child who has normal intelligence but they can be awarded it if they have other severe impairments.

You may need to go to tribunal, or if the doctor who assessed your daughter can write a supporting letter that would really help your case imensiley.

you can still apply for a blue badge if your on middle/high rate care but you have to do it throw a medical cause, IE Autism/severe behaviorual problems, challenging behaviour, no sense of danger inside/outside.

to obtain High Rate Mobility you need to be recieving high rate care.

If you have high rate care and low rate mobility you can request a reconsideration due to the diagnosis.

What you have to be careful of though by requesting a reconsideration the DLA will assess the mobility and the care, so you could be risking the care award been reduced.

If your confident she is entitled to the high rate care then appeal both the Care and the Mobility.

It maybe that the letter from the Doctor is enough evidence for the high rate mobility, but if they dont except it, I strongly recommend you go to tribunal for the high rate mobility.

It isnt a easy process to go throw, its full of stress and anxiety, but if you and the doctor feels that your daughter is entitled to the high rate mobility and the high rate care go all the way to obtain it.

So ring NAS and request the Welfare rights officer, they email you further information on the criteria.

Are you still entitled to the high rate care, and low rate mobility?

If so appeal.

JsMumx

Edited by JsMum, 30 June 2010 - 11:21 AM.


#3 Lynden

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Posted 30 June 2010 - 03:28 PM

You can actually receive high rate mobility now without getting high rate care, you can get high rate mobility with no care as obviously some people have disabilities that may mean they have mobility problems but can lead a normal life otherwise.

You can also apply directly to your council for a blue badge - you don't need to be in receipt of DLA. If you can get one of your daughters doctors/therapists to write a letter to the council detailing your daughters difficulties you can apply for a blue badge that way.

HTH
Lynne

#4 call me jaded

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Posted 30 June 2010 - 05:34 PM

You could always get higher rate mobility without higher rate care if you are unable to walk. If you can walk but refuse to or are unaware of danger then you must qualify for higher rate care first. to qualify for higher rate care the child must need caring for during the night.

There is caselaw that looks at DLA and IQ. DLA must not base a decision on IQ alone. We have had a paediatrician report as evidence of 'mental impairment' (the DLA term) and that has been successful. Will look up the exact case later.

#5 JsMum

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Posted 30 June 2010 - 09:52 PM

QUOTE (call me jaded @ Jun 30 2010, 06:34 PM) <{POST_SNAPBACK}>
You could always get higher rate mobility without higher rate care if you are unable to walk. If you can walk but refuse to or are unaware of danger then you must qualify for higher rate care first. to qualify for higher rate care the child must need caring for during the night.

There is caselaw that looks at DLA and IQ. DLA must not base a decision on IQ alone. We have had a paediatrician report as evidence of 'mental impairment' (the DLA term) and that has been successful. Will look up the exact case later.


I think if a person has a physical disability where they are in a wheelchair and incapable of walking at all it is easier to go for high rate mobility and not nessasarily require care needs, but children with ASD/severe impairements most are able to walk, if anything actually run, but into danger, the fact they are physically able means its harder to obtain the mobility at all.

I was under the impression for severe mental impairments and behavioural needs you did need to be recieving high rate care, to be able to go to tribunal to fight for the high rate mobility and in some cases where even lower mobility isnt awarded but their is evidence to prove they should be recieving LR mobility, if it is not the case you do not have to be recieving high rate care then I apologise, but it would be very hard to prove that there was mobility needs if that person can walk, run, also its obvous that there is going to be care needs if a person with impairements and behavioural problems pose a risk to themselves and others.

JsMumx

Edited by JsMum, 30 June 2010 - 09:53 PM.


#6 Mumble

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Posted 30 June 2010 - 10:26 PM

QUOTE (JsMum @ Jun 30 2010, 10:52 PM) <{POST_SNAPBACK}>
I think if a person has a physical disability where they are in a wheelchair and incapable of walking at all it is easier to go for high rate mobility and not necessarily require care needs, but children with ASD/severe impairments most are able to walk, if anything actually run, but into danger, the fact they are physically able means its harder to obtain the mobility at all.

Just a question out of interest: when does a care need become a mobility need and vice versa? I would see the above as a care need as the child needs care to keep them out of danger. If they can run, actual mobility isn't an issue, it's care in terms of ensuring that mobility is in the correct direction or safe that is the need, isn't it? unsure.gif


#7 call me jaded

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Posted 30 June 2010 - 11:12 PM

QUOTE (JsMum @ Jun 30 2010, 10:52 PM) <{POST_SNAPBACK}>
I was under the impression for severe mental impairments and behavioural needs you did need to be recieving high rate care, to be able to go to tribunal to fight for the high rate mobility


I think we are saying the same thing smile.gif


QUOTE (Mumble @ Jun 30 2010, 11:26 PM) <{POST_SNAPBACK}>
Just a question out of interest: when does a care need become a mobility need and vice versa? I would see the above as a care need as the child needs care to keep them out of danger. If they can run, actual mobility isn't an issue, it's care in terms of ensuring that mobility is in the correct direction or safe that is the need, isn't it? unsure.gif


AIUI mobility needs are additional care needs when out and about. DLA was conceived in response to physical care needs. It was later adapted to include some quite crude measurements of learning disability but this was definitely an afterthought.

Here's the link to the NAS web page that talks about IQ and DLA

Edited by call me jaded, 30 June 2010 - 11:15 PM.





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