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shamu

Talk me through challenging the DLA decision....

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I've just had my letter through from DLA saying that I'm only entitled to middle rate care for DS because he only needs "attention with bodily functions several times at short intervals right through the day" :crying: I am SO angry as he may only be 4 but he needs CONSTANT supervision through the day and several times of the night which (in my eyes at least) puts us in the high rate care band :wallbash: Obviously this also affects our application for mobility (he HAS to be on reins and/or dragged and carried as he puts himself in danger and won't/can't walk unsupervised). And my application for carers if I don't go back to work....

 

I wrote about 15 extra pages and it feels as though they haven't read that. My OT didn't supply a report for them and nor did DS's paediatrician so I'm not sure who wrote the supporting info (which we've been waiting 5 months for :rolleyes: ). Maybe they thought I'd put up and shut up.....

 

Hand holding for the ranty phone call I'm about to make would be appreciated

 

Shamu

;)

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OMG I can't believe you didn't get higher rate! I do think they take night times into account for the higher rate though so maybe you need to stress that a little more?

 

One of Logans classmates Mums and I were talking about this yesterday as she's up for renewal and I will have to in August and you'd think the fact that they are in SLD schools would be enough of an indication of their disability without all the hooha. I'm dreading filling his in again.

 

Can you get your OT and Paed to write a report which you can then send in? I do think those make a difference. With Logan the first time they wrote to our GP - who really didn't have a clue about his difficulties at all.

 

What we did when logan was refused first time was called them, asked them what they'd based their decision on, and asked them to reconsider and we'd send in more supporting information as he was going in for his weeks formal assessment leading to diagnosis (you dont have to appeal yet, just ask them to reconsider). What then happened was that they reconsidered the application without any extra info at all and we were awarded higher rate care the weekend before we went in for his assessment.

 

sometimes I think it depends on the mood of the person looking at the application!!

 

Good luck - I didn't make it on Weds so we really need to get together!

 

Lynne x

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Just skimmed through but one thing they are probably taking into consideration is age and that extra care need in comparison to other 4 year olds, that's not saying I agree or disagree with their findings.

 

So if you feel it is wrong then rather that you doing all the ranting take yourself off to either the citizen advice bureau and ask for someone to help with the DLA OR speak to a Welfare Officer (ask Social Services, or the Job centre)

 

The mobility side is based on his need for supervision and or walking difficulties, and not on his care award.

 

Soooooooooo take a deep breath, and get an appointment with someone to discuss it and ask them to write and have him reassessed or reviewed/appeal.

 

just a note for all if the DLA is awarded on just a letter and no review or appeal, then it was found the first decision was very wrong and it is easier to reapply

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just a note for all if the DLA is awarded on just a letter and no review or appeal, then it was found the first decision was very wrong and it is easier to reapply

 

Thats interesting Justamum as everyone was suprised when we were initially refused, although he was only turning 2 so age played a bit part it in - but already he had marked differences between him and his peers so we had a solid claim.

 

Lynne x

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Ask for a reconsideration appeal, that's what we had to do.......

 

I wrote reams of extra stuff, did a day to day(and through the night)diary over a month and I submitted that along with my own risk assessment of what happens each time we ventured outdoors, the need for a major buggy due to El running into traffic and the licking of dust, cars, bust stops etc!

 

I also added about the impact all this has on my other child and the relationship between my husband and I, I put everything down now matter how minor!

 

PM me if you need to, I will try to help you.....El was awarded HRC and HRM (It was low mobility and middle rate care), it took a while but it was worth it!

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Thats interesting Justamum as everyone was suprised when we were initially refused, although he was only turning 2 so age played a bit part it in - but already he had marked differences between him and his peers so we had a solid claim.

 

Lynne x

 

This is just observation on my own DLA many moons ago. My sons DLA was awarded after just writing, no appeal or review so hopefully he will be easier to claim for next time. The letter you get back does not mention any review or apeal, it's just a bog standard reward letter.

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Thanks everyone

Well, I have requested a second opinion (ie they give my application to a different decsion maker) and am writing an email to his consultant to provide further information. I think we will get at least high rate care and probably mobility too.

They have said that if I can get it in writing that he has "severe mental impairment" (he fulfils all three criteria) then he will get the mobility component. And surely if he is high mobility he is high care needs? I did stress the amount of time we have to spend with him in the evenings/nights and how he is awake at 4am on at least 4 nights of the week and sometimes up until 11pm plus needs a nappy change at night blah blah blah but I'm convinced they didn't even read it. At least now that we are moving him to an SLD school that will back me up more.

It's ironic, I am involved (as a paediatrician) in filling out the professional assessment for these forms and have managed to get several parents quite "good" awards, but as soon as I'm a parent my opinion isn't important....

Shamu

;)

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