darky Report post Posted January 25, 2008 My head is in a spin at the moment. I have to keep pinching myself!! When DD first got DLA she was awarded high rate care, no mobility because she was only just 5. When it was renewed nov 06 they awarded middle care and low mobility. I asked for their decision and they said when she goes to run off it is under concious control, also they said her care needs, they did not put her on high rate care even though NOTHING changed. So we asked for them to look at the decision again. Told them the decision was wrong as she was NOT under concious control when trying to escape or run off. So we asked to appeal. The appeal was supposed to be in October but we could not go as the time was 3pm. Got a new date for today. Went to the appeal, saw a lawyer, doctor and a disabled person. We talked through her notes and the evidence. The doctor said there was overwhelming medical evidence to back up what we were saying, but we needed to talk it through, but not with him but the lawyer and the disabled person. We did not have to talk for long. They asked us to go outside and wait. We were not outside for long before being called in for decision. The lawyer said, we all unanimously agree the DLA decision was wrong, and we all agree that in law you are entitled to high rate care and high rate mobility on the grounds of mental impairment. He said we are ordering DLA to backdate this to November 06 when that decision was made. He said the words "we believe you" and I burst into tears!! I told him it was not the money, but the decision and some recognition of my girls needs. I told him that her ability is her biggest disability and people make snap judgements and decisions based on the fact she can put one foot in front of the other and spell her name and read. I told him I only wished she had something "visable" so people can see, and then we would not have to fight so hard. So BIG TRIUMPH for us. I wanted to challenge the decision because their reasons for not giving it to her in our opinion were WRONG. So glad we did, not for the money, but for some recognition. I am well chuffed!! Anyone else thinking about challenging their decision, well it was worth it for us. We now have this until 2010! Quote Share this post Link to post Share on other sites
pearl Report post Posted January 25, 2008 FANTASTIC NEWS!!!!! Your post brought a lump to my throat, well done for fighting so hard & winning through. <'> Quote Share this post Link to post Share on other sites
Bard Report post Posted January 25, 2008 :notworthy: Fantastic, well done! Quote Share this post Link to post Share on other sites
forbsay Report post Posted January 25, 2008 That is brilliant news. Well done to you all. Forbsay Quote Share this post Link to post Share on other sites
noogsy Report post Posted January 25, 2008 hi hun what good news it is worth fighting for everything, our kids deserve the best...i hope R is getting on well at school hun..love noogsy Quote Share this post Link to post Share on other sites
KarenT Report post Posted January 25, 2008 That's brilliant Darky, excellent news, and well done for fighting the fight. Karen x Quote Share this post Link to post Share on other sites
lorryw Report post Posted January 25, 2008 Well done! We had the same fight several years ago and I will never forget how the usher (sorry dont know the correct title) who took me before the panel winked and told me not to worry, I wouldnt be long. The panel were furious that we had had to take things so far and I was back out onto the street within 5 minutes! It was also backdated and we took our lad to Florida with the money. I also felt vindicated and urge anyone who feels a decision is wrong to appeal. Quote Share this post Link to post Share on other sites
Nic m Report post Posted January 25, 2008 Fantastic nic Quote Share this post Link to post Share on other sites
Karen A Report post Posted January 25, 2008 Great news darky.Karen. Quote Share this post Link to post Share on other sites
Flora Report post Posted January 25, 2008 Darky <'> <'> What a fantastic result.... Justice was done <'> I had a lump in my throat when reading your post... it reminded me of when Bill was awarded his DLA. He was turned down... I immediately asked for reconsideration by phone and sent more evidence by special delivery... 4 days after receiving his rejection I got a call from DWP and told on reconsideration he was awarded high rate care and low mobility. Like you I burst in to tears... because it was such a relief to be believed. The most, in fact the ONLY disabiling thing about our kids is the lack of support we get... or rather the struggle and fight we have to get that support. If we didn't have to fight so hard to get the support and services they need then life for everyone, especially our kids, would be so much easier. Well done you <'> Flora XXXXXXXX Quote Share this post Link to post Share on other sites
sueeltringham Report post Posted January 25, 2008 That's fantastic news! Well done you for standing your ground and fighting. Sue Quote Share this post Link to post Share on other sites
Kathryn Report post Posted January 25, 2008 Well done darky, it's so good to hear of a triumph like this. K x Quote Share this post Link to post Share on other sites
Clare63 Report post Posted January 26, 2008 Fantastic news Darky Clare x x x Quote Share this post Link to post Share on other sites
Bagpuss Report post Posted January 26, 2008 Great news Darky, and well done <'> Quote Share this post Link to post Share on other sites
JsMum Report post Posted January 26, 2008 So pleased that you have been awarded both high parts, your so good with words all that you said about some of our childrens been an invisible disability I totally understand, and you have been so couragous fighting this because it drains you, but you do have to fight, especially the DLA people, there getting very insensitive in there reasons, and they go all the way too to prevent giving the awards to children, its disgusting, but I sure do wished I could of seen there faces on the panel when they all agreed to the awards, I too have had to attend a panel and its no easy justification but once I spelt out Js problems they said to me that my next fight for him was the Statement and they made me promise, they where disgusted with the low level of support that we had and they said that we must get as much in place as possible, J now has a statement and his DLA on both awards and now we are fighting for the right support from social services, its disgusting we are fighting for what our children need and deserve, sure am happy that you have finally been listened too and believed. Well done. JsMum Quote Share this post Link to post Share on other sites
darky Report post Posted January 26, 2008 Thanks a lot guys. It is brilliant that you all understand so well why we did this, only us parents could eh? I feel like I have won the lottery of life. I feel vindicated, and these people are the first professionals that have ever said the words "we believe you" I immediately got the decision in writing, and it says the words "unanimous decision of the tribunal". I think I will frame it. I have won lots of little battles over the past 4 years, and every one of them have benefitted the children. Everytime one of us parents stands up for our own children, we in turn help others to. Things will get better, and are improving slowly. We need to keep doing this and winning and showing this country what our children mean to us. Do keep fighting, win or lose these little battles form statistics. It is with those statistics things change in future planning and resources. <'> Quote Share this post Link to post Share on other sites
hev Report post Posted January 26, 2008 oh darky im so so pleased for you <'> <'> Quote Share this post Link to post Share on other sites
