Received the DLA decision

[di30]

Hi all

 

Anyway, here for the decision we have all been waiting for through the post after the tribunal hearing on Monday just gone.

 

Lower rate Mobility from 22/12/2006 to 14/01/2011 because he:

needs *guidance/supervision in walking most of the time.

(where under 16) this need satisfies the excess of normal requirements criteria.

And:

Lowest rate care from 22/12/2006 to 14/01/2011, because he:

requires attention for a significant portion of the day.

 

Okay happy with the mobility as I knew he would not get higher than that anyway for this, but not too happy about the care component, everything we help my son with, this includes personal care, help with clothes, ALL homework and all tasks as he cannot cope.

I cannot even go back to work myself as all my attention is focused on Daniel, he will be 13 in January and he does not or will not go out alone and I still walk him to and from school.

I am still awake with Daniel at 2 am as he is still awake even until 4 am at times, its so disabling for us all, I suffer with high blood pressure

 

I was wondering if this could be anything to do with the doctor, although no fault of his own, we could not understand a question he was asking us and he was also foreign so now we are not sure if we answered these fully enough or even the correct answers.

 

We are grateful that he is finally awarded after almost 10 months of fighting this for him, but will look into this by asking the tribunals Clerk to send us the reasons why my son was awarded low rate care.

 

Any suggestions ? and are there others on here that has been in the same situation and appealed on the tribunals decision ?

Need to know the full procedures if possible, thank you and I don't mean to sound ungrateful, but I am sure my son is definately entitled to mid rate, like others I know with the same issues but less problems get this or more. Thank you so much indeed.

 

Di x

[carrieq]

Sorry, I don't have any advice but I just think it is so hit and miss as to what level people are awarded. I know there is an element of each case being unique but surely diagnosis should count towards something. I'm not sure what you can do, maybe NAS would be able to advise you. There just seems to be so much variation between what we are awarded or not awarded and it shouldn't be so.

Carrie

[JsMum]

Hi the results are disapointing on the LOW CARE because like you have pointed out his needs are at least Middle rate and High Rate, I think I would advise you to apply again as a fresh application as it could be the next assessment may understand Aspergers Syndrome more, or Autism.

 

I went to Help yesterday and they suggested that you can start all over again if your prepared to do that, I think you can appeal again after an appeal as well but it goes to something like a high court decision, not that it goes to court but someone high up then looks at it, and reassesses all the information again, this may be worth the battle so do look into it.

 

Your right though to be looking at least middle rate and High rate, but what does baffle me is why did they give low mobility on low care? that has to give evidence that outdoors he is vulnerable so this could add to your weight for middle care.

 

JsMum

[pumpkinpie]

Have you tried asking www.benefitsandwork.co.uk for advice - they are excellent!

[di30]

Thank you for your replies.

 

Yes it is disappointing for him to receive low rate care component considering he is almost a teenager and am still bathing him etc, he cannot go out alone and I have a funny feeling the low rate was awarded due to night time care, yet the evidence was in front of them from Daniel's specialists, and I am very very exhausted indeed, we are lucky if he is asleep at 2 am, but the doctor that I told you about was the main one who asked these questions on the night part and even made remarks with sarcasm giggles that he does not know how my son would cope and get up to go to school on little sleep, he definately thought we were exaggerating !

I would do anything for my son to have his sleep, me too.

 

I am more in my son's bedroom than my own trying to settle him, and if I do not deal with him immediately he wakes the neighbours too as I can hear them.

 

Is that normal or unusual then to have low mobility with low care component then ?

 

Like I said earlier I am grateful Daniel is now awarded, but feel like the care rate is not right, whilst I'm on here I am helping him with all his homework again as he has trouble following instructions. Its all time consuming.

They did not mention anything about his A/S anxiety levels or so at the tribunal and as much as we tried to bring this subject up in how he is affected by this it was brushed off the pan, besides it was there in front of them.

 

Again thank you all, time to get that ball rolling again and ask for the reasons for this now

Never mind perhaps we will get there..............eventually .

 

Cheers

Di xx

[ellisisamazing]

di30 <'>

 

I think you should reapply, it sounds very unfair.

 

Lisa xx

[Nic m]

Hi,

I have read your post and i think you should get a copy of the welfare rights handbook most citizens advice bureaux have them you can photocopy the relevant pages. I think if my memory serves me correctly you should be able to appeal for a higher amount given the amount of time you spend with him at night. The focus here is on the length of time you spend, the frequency of times you are up and when the household normally shuts down (goes to sleep) it is not when you get to sleep so dont say i go to bed late you need to emphasis your bed time is say 10pm and that this is disturbed. this is very important for high rate care the wording is crucial hope this helps.

Nicola

[di30]

Thank you.

Will call in to the CAB and hopefully they can give me some details/handbook on the rights like you said, seems to be very helpful. Thank you.

 

I feel I should take this further but understand this may take some time maybe up to a year, please correct me if I'm wrong that is taking it to the commissioners.

 

I think there may be a few options, and I have been told I could apply for this again for my son but must wait a certain time, not too certain and then perhaps this time round make sure I have a rep right from the start to help me.

Think they will still have to award my son with the award they have given and hopefully he will win a higher rate.

 

I have contacted the tribunals clerk by email and asked them to send the statement with reasons to why they awarded Daniel just with low rate care, I will wait for these to arrive and take it from there.

 

Will keep you all posted with this ongoing stressful issue, thank you all again, I appreciate your feedbacks and support.

 

Love Di xx

[Clare63]

Hi Di,

Glad to hear you finally got an award albeit not quite as expected. By allocating you the DLA they have admitted/seen that extra care is needed so you are more than half way there, you just need to prove the correct level. I too think you should reapply or investigate further, my son is so very simular to yours in many ways and we get the higher rate.

All this must be so awfully stressful for you and I really do feel for you, life is tough without all this added to it.

Take care of yourself and good luck in your quest for justice.

<'> <'> <'>

Clare x x x

[Kathryn]

Hi Di,

 

Glad you got something in the end, that must be a bit of a relief although not quite what you wanted. Good luck with taking it further - sorry I've never been through the process myself so can't advise.

 

K x

[wishingwell]

The manner in which the doctor responded to your answers needs to be highlighted to the chief executive of the DLA and a complaint in writing will ensure that this doctor becomes aware that he has no right to behave in this manner to anyone. Also ask what expertise and experience he holds on Autism. The fact that he was foreign and that you found his questions hard to interpret does not matter he had 2 other professionals on the board that should have been able to help you understand what he was saying.

Many years ago i went with a lady to a tribunal, she had serious mental problems and clearly was not able to attend unaided. The behavior of the doctor was totally disgusting he humiliated, confused and was abrupt through out. This lady was shaking in her seat and it was obvious that she did not understand what he was talking about when i intervened to assist he told me i was only their to escort not to answer his questions. I did what he told me and when it was over I escorted her out, she was so distressed i had to call her own doctor to come and help settle her, which he did through medication. What I had witnessed was beyond my belief. I felt so strongly about the mistreatment that I wrote to the DLA and explained how she was treated and let them know I would have no problem seeking a solicitors advice on the conduct of this doctor. They replied and where extremely sorry that this had occurred and stated this was not the first complaint and a certain doctor was now aware that his services where no longer needed by them. Obviously the others on the board, during this tribunal had agreed with my complaint. She received high care and middle mobility and my belief is that had i not written she would not have received this.

[Cariad]

We are on high rate and have a mobility car. The DS is very hard work when out and can have meltdowns at any time, we also bath him and only now he has tried to get dressed (takes an hour). We also are up most of the night with him, and he has balance problems. I think the lower rate was a wrong descision myself. I would reapply!

[Nic m]

Good Luck with this Di, get someone who knows how to fill in the forms to help you, unfortunately how things are worded is very important.

Dont give up though, you will need nerves of steel but it is worth it in the end.

Nicola