Jump to content
Sign in to follow this  
di30

Told to re-apply DLA

Recommended Posts

Hi all

 

As most of you will know my son was awarded LRM & LRC in Sept this year after attending a tribunal hearing.

 

I am happy he was awarded the mobility but not happy about the care component due to his problems day and night, as you know the lrc is just awarded for the portion of the day.

The evidence was there in front of the tribunal from specialists but one which I must admit was an unreadable report from one of the specialists which the tribunals should have really asked for a copy of this in an understandable version and there were other issues missed too by the tribunals.

 

Due to this it works out a different way to deal with this to appeal as you can only appeal a decision on a 'point of error of the law' to the commissioners and not the DWP, and yet there were evidence there they did not obviously use regarding my sons ongoing issues doth day and night which obviously involves me supporting him throughout.

I had asked for the 'Statement of reasons' from the tribunals where on one part it states they could not understand my son's report made by his specialist and they also stated 'they could not accept my son still attends school 90% of the time with little sleep' !!

I tried to make them realise on the day this can be a common fact with children and so with ASD etc, (I wish I had his energy), but they did not accept this and to me this is like making me out a liar !!

 

Anyway today I seen an adviser who helps with tribunals etc, DLA and so, who have looked through this and has taken some copies, she is going to go through this with her manager and hope we have something to go by to get this looked at by the commissioners.

In the meantime I have been advised by the adviser to contact the DWP to ask them to look at my son's claim again where they will send a new claim pack, so I can re apply for DLA which I did not know I could do this as soon as this after my son only being awarded in September, so going to go for this and see what happens about the commissioners appeal in the meantime, as I know this part can take up to a year or so.

 

This time round I am going to use professional help with these forms as I also feel I did not add enough information on the first claim, and also this time round my son has a lot more professionals behind him, and will use these to, to support my son and claim as they have already offered already, such as the Support services, Mencap, Camhs are more aware of his issues to this time round and others, even the MP have offered further support with this.

 

So to anyone in the same situation, if you feel your child has not received the right rate you can re apply whenever, this I did not know until today, so going to go for it and if we also have a case with the commissioners too, all the better, they will then backdate from last DEC 2006 on the first claim.

 

I am going to contact the DWP first thing in the morning, so please wish me luck, cheers. :thumbs:

 

Di. :D

Share this post


Link to post
Share on other sites

Thanks Nicola, will keep you all posted. :thumbs:

 

think this is the same thing as asking for a supersession/review, hopefully this time round won't be so difficult. :D

 

Cheers Di xxx

Share this post


Link to post
Share on other sites

Right then an update on the DLA.

 

I rang the DWP and said I want my son's claim (award) to let looked at again, I explained his condition is getting worse etc and she was lovely............she didn't hesitate and said the forms will be with me shortly and they will look at them again.

This time it will not be myself filling in the form it will be my adviser who is an expert in this type of thing. :thumbs:

 

So far my son is awarded LRM & LRC, the lady on the phone said be warned this could alter his award for better or for worse, okay I cannot get any lower, but then there's a chance he may lose the mobility, and I cannot get any lower on the care, so it will be a bonus if he is awarded higher with that one, and of course must make sure he does not lose the full award. :tearful:

 

At least this time round I have more back up and support, lots of it, so fingers crossed it will take a turn for the better. :thumbs:

 

Keep you updated.

Di xxx :D

Share this post


Link to post
Share on other sites

Di,

 

Good Luck! :thumbs:

 

You know I had a bit of an ordeal with the DWP too?, well why not do as I did and write a diary over a week or two.....basically some 'snapshots' of your day to day living and all the things you have to do from morning till night....it can only help to support the DLA forms, it worked for us, as you know. Also add in what it is like to try and do all the average things like shopping trips, and how stressful and time consuming everything is! It 'personalises' everything and I think it definately will help you, I felt bad writing all the negatives down and I also said that in my submissions, but kept stressing how much Ell means to me and us all in our family and how we just wanted the best for him and what was fair and right for his needs.

 

Take Care

 

Lisa >:D<<'>

Share this post


Link to post
Share on other sites

Hi Lisa and thanks. :thumbs:

 

I am surprised I have already received the forms...........I contacted Blackpool on the 1st of Nov and this morning these arrived in the post.

 

Seems like this time round there are separate forms to fill in, but will leave these to the adviser to help out this time in case I mess up. lol.

 

Must say on the forms somewhere, I haven't had the chance to go right through them yet, but do you know how long I have to do these ?, as I want to make sure the support services and CAMHS, mencap etc have time to do some supporting letters for this, and hoping to send it all off together, as I have heard some stories of these getting mislaid and think it may be a risk to send these separately. :unsure:

 

There is a question on the one part of the sheet that states 'if you are asking us to look at your claim from an earlier date than 01/11/2007, please tell us why you did not contact us sooner', did you have this ?

 

Right then, will keep you posted and with a bit of luck they will agree to review and change his low rate care award and hoping they will not remove his low rate mobility award. :rolleyes:

 

Thank you again.

Di. xxx :D

Share this post


Link to post
Share on other sites
Hi Lisa and thanks. :thumbs:

 

I am surprised I have already received the forms...........I contacted Blackpool on the 1st of Nov and this morning these arrived in the post.

 

Seems like this time round there are separate forms to fill in, but will leave these to the adviser to help out this time in case I mess up. lol.

 

Must say on the forms somewhere, I haven't had the chance to go right through them yet, but do you know how long I have to do these ?, as I want to make sure the support services and CAMHS, mencap etc have time to do some supporting letters for this, and hoping to send it all off together, as I have heard some stories of these getting mislaid and think it may be a risk to send these separately. :unsure:

 

There is a question on the one part of the sheet that states 'if you are asking us to look at your claim from an earlier date than 01/11/2007, please tell us why you did not contact us sooner', did you have this ?

 

Right then, will keep you posted and with a bit of luck they will agree to review and change his low rate care award and hoping they will not remove his low rate mobility award. :rolleyes:

 

Thank you again.

Di. xxx :D

 

 

Hi Di! >:D<<'>

 

The forms have probably arrived quicker because on reapplication/reconsideration the forms have to be filled in and recieved back by DWP within 28 days of the request for the forms! So time is of the essence! :rolleyes: Which it's not when you're waiting for THEM though, is it?! :wallbash:

 

As for the "please tell us why you didn't contact us sooner" part....just explain that this is a reapplication/reconsideration based on original appeal/award that you are disputing. Also in the "diary" I sent I explained the impact that El's lack of sleep had on US all....that I was sleep deprived, had constant colds, my OH works very long hours and he was suffering with exhaustion during the day, that he was stressed and had been on Anti-D's for several months (even gave his GP details so they could verify this!) and that our daughter was also losing sleep, also that me and OH hadn't shared a room for weeks as El was in with me to keep him safe and stop him running amok and flooding the house out!. In your case, your elder son I imagine has lost sleep?? And that he is studying and needs a quiet space sometimes (I know this sounds mad cause a higher award won't be respite, but it does emphasise that your family is in need and is not anything like a NT 2.4 family, IMO! Hope you don't mind me saying you have a 'different' family, but well we do..don't we all?!)

 

Loads of luck Di! :thumbs:

 

Lisa xxx >:D<<'>

Edited by ellisisamazing

Share this post


Link to post
Share on other sites

Thank you again Lisa. :thumbs:

Just looking through now and realised I had left the main letter about this in the envelope lol :lol:

 

They have given until the 29th of this month.

 

So do they compare this with the tribunals decision as the original one as the dla decision was made by these people at the hearing ?

 

And you are right with all you have said about sleep, and yes my older son does need his space for studying and this can also be difficult if Dan the man is keeping us awake.

You know what thats like and with me I suffer high blood pressure.

 

I cannot believe the tribunals wrote on the statement of reasons that they do not accept that Daniel still attends school 90% of the time with little sleep, like I said earlier this makes me out to be a liar in their eyes.

They obviously do not understand what ASD is like.

 

My adviser from disability advice project is helping with these forms next week, so now I will also get in touch with all the specialists Daniel is under to ask them to support this.

 

What I was mean't to ask you was 'Do I have to fill all of the forms, as these are all separate now'?, as Daniel has both lrc and lrm I want to mainly fight the care rate ? Thanks.

I expect the adviser will know too, but just want to be prepared on a diary form, which is a great idea, thanks hun. :thumbs:

 

Look forward to hearing from you again soon. :D

 

Di. xxx

Share this post


Link to post
Share on other sites
Thank you again Lisa. :thumbs:

Just looking through now and realised I had left the main letter about this in the envelope lol :lol:

 

They have given until the 29th of this month.

 

So do they compare this with the tribunals decision as the original one as the dla decision was made by these people at the hearing ?

 

And you are right with all you have said about sleep, and yes my older son does need his space for studying and this can also be difficult if Dan the man is keeping us awake.

You know what thats like and with me I suffer high blood pressure.

 

I cannot believe the tribunals wrote on the statement of reasons that they do not accept that Daniel still attends school 90% of the time with little sleep, like I said earlier this makes me out to be a liar in their eyes.

They obviously do not understand what ASD is like.

 

My adviser from disability advice project is helping with these forms next week, so now I will also get in touch with all the specialists Daniel is under to ask them to support this.

 

What I was mean't to ask you was 'Do I have to fill all of the forms, as these are all separate now'?, as Daniel has both lrc and lrm I want to mainly fight the care rate ? Thanks.

I expect the adviser will know too, but just want to be prepared on a diary form, which is a great idea, thanks hun. :thumbs:

 

Look forward to hearing from you again soon. :D

 

Di. xxx

 

 

Hi Di! >:D<<'>

 

I personally did not fill the forms in again, I just typed up a six page letter voicing my concerns, issues and every day worries regarding El also telling of various scenarios/altercations/risks we have had whilst out and about, I also enclosed a 4 page A4 "diary" to show a true reflection of what our days and nights entail....I believe the DWP used my original DLA forms as a referral.

 

El has a 95% attendance at school and nobody has questioned me....having said that El's consultant is very supportive and is fully aware of his sleep issues, so I know she would be quite forthright if they had opposed the appeal!

 

Take Care

 

Lisa xx

Share this post


Link to post
Share on other sites
Thank you again Lisa. :thumbs:

Just looking through now and realised I had left the main letter about this in the envelope lol :lol:

 

They have given until the 29th of this month.

 

So do they compare this with the tribunals decision as the original one as the dla decision was made by these people at the hearing ?

 

And you are right with all you have said about sleep, and yes my older son does need his space for studying and this can also be difficult if Dan the man is keeping us awake.

You know what thats like and with me I suffer high blood pressure.

 

I cannot believe the tribunals wrote on the statement of reasons that they do not accept that Daniel still attends school 90% of the time with little sleep, like I said earlier this makes me out to be a liar in their eyes.

They obviously do not understand what ASD is like.

 

My adviser from disability advice project is helping with these forms next week, so now I will also get in touch with all the specialists Daniel is under to ask them to support this.

 

What I was mean't to ask you was 'Do I have to fill all of the forms, as these are all separate now'?, as Daniel has both lrc and lrm I want to mainly fight the care rate ? Thanks.

I expect the adviser will know too, but just want to be prepared on a diary form, which is a great idea, thanks hun. :thumbs:

 

Look forward to hearing from you again soon. :D

 

Di. xxx

 

 

Hi Di! >:D<<'>

 

I personally did not fill the forms in again, I just typed up a six page letter voicing my concerns, issues and every day worries regarding El also telling of various scenarios/altercations/risks we have had whilst out and about, I also enclosed a 4 page A4 "diary" to show a true reflection of what our days and nights entail....I believe the DWP used my original DLA forms as a referral.

 

El has a 95% attendance at school and nobody has questioned me....having said that El's consultant is very supportive and is fully aware of his sleep issues, so I know she would be quite forthright if they had opposed the appeal!

 

Take Care

 

Lisa xx

Share this post


Link to post
Share on other sites

Hi Lisa

And thank you so much again for your reply. :thumbs:

 

I was advised about a form for review by the DAP adviser, but if I had known I could also do this like how you done this I think it would have been less stressing, as you know these forms are stressing. :tearful:

Luckily though the adviser I'm using this time is helping me through this and if I had known about her when we first applied I would have gone to her then, and her success rate is very high, but I suppose she is used to it. The adviser is also a support worker for children with ASD, so that helps I think.

 

Since the last application too, we have more behind us like the 'support worker from social services' who sees Daniel every other 2 weeks, he has been great and very understanding, I am going to ask him to fill in a statement and an extra letter to add with it, and I know he will do this, as he did say before if in the future if I need any supportive evidence then he will not hesitate and help out, also Mencap.

 

Daniel is also due to see CAMHS again as a follow up appointment, this was brought forward by 2 months, so he is seeing them now this month Nov 26th instead of January because he cannot cope at school and this does not help his anxiety levels.

I will of course ask them if they can add some supporting information and also his Child P who referred him to CAMHS earlier this year.

Daniel was officially diagnosed in July by the CAMHS team.

 

My other son Jamie has also offered to write a letter to support this as he believes Daniel's issues especially at night disturb the whole household, so hopefully this will help too.

 

I'm glad it worked out for you in the end. :thumbs:

 

At the tribunal hearing, we felt so humiliated, and the doctor was muttering under his breath "I just can't understand", he said this several times, he did have an attitude. :wallbash:

 

Sorry you may have said before, 'did yours go as far as a hearing' ?

 

Anyway thanks again for your helpful info this has really helped.

 

Will keep you posted of the progress.

 

Luv Di. xx :D

Share this post


Link to post
Share on other sites

Hi Di!

 

We didn't have to go to a hearing, basically El's claim was renewed after his first award ended in Aug 2007 (the first was for two years at MRC only), I sent the forms in on 29 June and we recieved a letter three weeks later to advise El's claim has been reawarded at MRC and LRM also, and that would come into force from Aug this year. At El's paediatrician appointment in July, she asked me what rates El was on and I told her, she was shocked and stated that in her opinion El should be in receipt of HRC and HRM as she was aware I was basically sleepless cause of El's nocturnal activities and also his lack of danger/fear/road sense when outside, so that's how I came to appeal!

 

I contacted them and was put through to a lovely lady in Reconsiderations dept, and it was her who said the DLA forms were pretty much up to date and so to add the additional submissions only and the consultant's support letter. She also was very understanding in that ASD can be very changeable and that sleep patterns do change from time to time!!

 

El's consultant had to make a confirmation of him having Severe Mental Impairment in her support letter, which I think is a strong feature in him having been successful with the renewal, It's not so nice seeing this confirmed in writing but you have to put it aside and remember it's for the right reasons....

 

I think that getting your Elder son to write his view is a great way of "humanising" your family situation, he sounds like a considerate son and it can't do any harm, I'm sure that will help you greatly!

 

It seems that you now have a great amount of support in appealing this now and I really do wish you the very best.....and that Doctor sounds like an arrogant, ignorant numpty! Stuff him! :lol:

 

Please keep us all updated!

 

Oh, and it took about seven weeks from start to finish from appealing to recieving HRM and HRC in the bank, it was backdated to June this year!

 

Lisa xx >:D<<'>

Edited by ellisisamazing

Share this post


Link to post
Share on other sites

Thanks again Lisa, you are a Gem. >:D<<'>

 

Thank you for telling me the procedures of this. :thumbs:

 

Jamie said he thinks it may be of some help writing some info to support the claim review, and will add what its like at home etc with Daniel's anxieties.

 

Some of the doctors they use for these hearings have not got a clue.......so yeah stuff him lol :lol: , you are right what you said.

 

I will keep you all posted and cheers again. :thumbs:

 

Di. xxx >:D<<'>

Share this post


Link to post
Share on other sites

Di, You're welcome! >:D<<'>

 

I think that by having James' view, plus yours will give you a fighting chance of success, the more info the better. Make sure you detail EVERYTHING, no matter how insignificant it may feel, you need to 'paint' them a picture of your day to day existence. I think that part of my past problem was underplaying how difficult and stressful things can be in the DLA forms and expecting the "professionals" to understand.....so detail is very important. I even mentioned how at most times I have to take El into the loo with me cause I can't leave him at the moment because he is liable to try and climb windowledges/lick anything inedible/poke electricals with his tongue! Basically emphasising the complete lack of Social life/Me Time/ Personal Space!!

 

And also how out and about I have to keep him away from cleaning ladies.....last time we were out without his buggy, he ran off from me and when I caught up with him he was licking water off his hands from a stray bucket filled with bleach water in the local market!!! I was so mad that the cleaner had just waltzed off and left that standing by a stall! :wallbash:

 

Keep at it :ninja: , you know your family deserves a break! >:D<<'> >:D<<'> >:D<<'> >:D<<'>

 

Lisa xx

Edited by ellisisamazing

Share this post


Link to post
Share on other sites

Hi,

Good luck, just wanted to add could your childs school also do a cover letter stateing that the child looks tired and this effects his performance also at school. My ds2 sch did this for me for both my sons in fact.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...