Marnie Report post Posted February 20, 2008 My son was diagnosed with Aspergers last October, I have applied for DLA and been refused. I have a written statement of reasons, which seems to mainly hinge on the fact the school report says he can cross roads I don't quite understand. They don't appear to have contacted the psychologist or doctor?? I have spoken to the psychologists and they are happy to do a report when requested. Do where do I go from here, I have under two weeks to get the appeal in, I have been advised to get somone to represent me but where do I get one from. Any help or pointers you can give me would be very much appreciated. Quote Share this post Link to post Share on other sites
Caffeine Junkie Report post Posted February 20, 2008 (edited) Welfare rights will help you with your appeal. Just google 'welfare rights + (the area you live)', and you should receive a list of your local centres. They helped me to get higher rate mobility for my son. Edited February 20, 2008 by Caffeine Junkie Quote Share this post Link to post Share on other sites
Caffeine Junkie Report post Posted February 20, 2008 You could also contact Citizens advice. Link Quote Share this post Link to post Share on other sites
Marnie Report post Posted February 20, 2008 Many thanks! Quote Share this post Link to post Share on other sites
Annea Report post Posted February 20, 2008 Hi Marnie, I have EXACTLY the same probelm, we have just put in for an appeal against a negative decision. for DD 3 who we are still awaiting diagnosis for. We submitted evidence from our physio <my daughter had lots of mobility issues> we submitted evidence from our social worker, from her paediatrician and they asked the school for a report. Like you the school said she has no road safety issues .... errrr I don't think so!!! I asked the head about it and asked when she seen DD outside on the road and she told me that she hadn't but children of her age are ok with road safety!!!! The school told them she had no issues that other children didn't have..... errr then why is she on SA+.... theysaid she has no toileting or hygiene issues, even though we have a home school decision that allows her to use the toilet as and when she needs it unlike other children who have to use the toilet only at breaks. Looking at the decision it seems they have taken ONLY the evidence from the school and disregarded all medical and social evidence. I too will now be looking for a welfare rights worker to help.... Thank you Anne Quote Share this post Link to post Share on other sites
Marnie Report post Posted February 20, 2008 My son doesn't really have mobility problems in the true sense of the word, but doesn't go out to paly (he's 13) he's paranoid about ots of things and worries about everything. I'm annoyed as I went into the school just after the diagnosis to have a meeting with the senco and year manager and it was like talking to two dead fish. The year manager was only interested in getting his attendance up. The senco's attitude left a lot to be desired. She said why don't I change schools, this one is 12 miles away, the local one is a dump and too many problems caused in the past with pupils there now for him to cope with. I said he has a small group of friends he get on with. She said he doesn't need friends aspergers children are happy just with themselves! When the year manager asked the senco what the set up in school was for children with aspergers, she said nothing we don't argue with them, if they don't want to do something, they can sit at the back! I have a 20 yr old daughter with learning problems, we never got a definitive diagnosis mainly adhd buts it's more far reaching than that. I have dealt with lots of special needs, senco's over the years, always trying to work with them to get the best outcome. So this schools attitude has really surprised me. Quote Share this post Link to post Share on other sites
forbsay Report post Posted February 20, 2008 We were turned down the first time and appealed against it. We got DLA the second time around. Quote Share this post Link to post Share on other sites
Annea Report post Posted February 20, 2008 I said he has a small group of friends he get on with. She said he doesn't need friends aspergers children are happy just with themselves! OMG I can't believe she said that!!!!! Any chance of you getting it in writing? My edest daughter at 13 diagnosed with A/S three years ago, is desperate for a friend... she has none at all and is so very lonely! This sums up just how uneducated some people are in regard to A/S I really hope you have some luck..... I just looked for a welfare rights in my area and I can't find one.... At present I am plannign to represent my self. on behalf of my daughter.... SO anyone out their who has been through the appeals process at tribunal and would like to share any tips with us, or tell us how things go we will be very appreciative..... How long is it since you applied Marnie?, ours is from September.. Anne Quote Share this post Link to post Share on other sites
Marnie Report post Posted February 20, 2008 (edited) I haven't located a welfare rights officer either and my CAB is very hard to get seen at. I've only just over a fortnight left to get the appeal in. I will be complaining to the school I think regarding the attitude of the senco. I'll also be grateful of any tips from people who have been through the appeal system. I applied December. Edited February 20, 2008 by Marnie Quote Share this post Link to post Share on other sites
justamum Report post Posted February 20, 2008 Annea At present I am plannign to represent my self. on behalf of my daughter.... SO anyone out their who has been through the appeals process at tribunal and would like to share any tips with us, or tell us how things go we will be very appreciative..... Please don't.....contact parent to parent or welfare office or CB as they know the 'buzz' words (as it was put to me recently) to ensure that the correct decision is made. At the tribunal will be a doctor, who may not necessarily be fully aware of your daughters problems, and a lawyer who will try a trip you up at every opportunity. You will spend around 30 min of intense questioning, bombarded with them to try and get you to make a 'mistake', and be assured they will find one and pounce on it. I was lucky as not only did I go with a welfare officer but the doctor had done his home work and 'attacked' the lawyer. This is rare! Basically would you go to court and represent yourself? Please for your daughter's sake get in the people that know how to conduct the tribunal Quote Share this post Link to post Share on other sites
Annea Report post Posted February 21, 2008 (edited) I haven't located a welfare rights officer either and my CAB is very hard to get seen at. Hi Marnie, I found a contact which was DIAL UK on the web, the site has a locator for one near you. My local office has a lady who deals just with these claims for children. She will be given my details and will get back to me on Monday, so it looks like I might be OK. Maybe you too could try this to find someone to help you? JustAMum, thanks for the warning, I must admit we were scared still at self representing, but having had no sucess with out local CAB <can't ever get through even to talk to someone> we had resigned ourself to it. Looks like we might be able to get help now. Will let you all know how it gets on. Anne x Edited February 21, 2008 by Annea Quote Share this post Link to post Share on other sites
Deedee Report post Posted February 21, 2008 Go to the appeal and don't be afraid! We had to appeal for DS2 and we were let down by the CAB rep 2 days before the hearing... I took my son (on my own)with me and the panel were lovely. Totally different problems (he wears a body brace and leg brace due to twisted spine and other bits) but the same problem with the school letter...they wrote he played football!!!!!!! They neglected to say he sat on a chair and refereed.... Needless to say when I took him there and they saw what a state he was in it was unanimously agreed he should have MRC and LRMob which we were over the moon with. HTH Dee XX Quote Share this post Link to post Share on other sites
Caffeine Junkie Report post Posted February 21, 2008 Could try contacting the NAS. Quote Share this post Link to post Share on other sites
Marnie Report post Posted February 21, 2008 Hi Marnie, I found a contact which was DIAL UK on the web, the site has a locator for one near you. My local office has a lady who deals just with these claims for children. She will be given my details and will get back to me on Monday, so it looks like I might be OK. Maybe you too could try this to find someone to help you? JustAMum, thanks for the warning, I must admit we were scared still at self representing, but having had no sucess with out local CAB <can't ever get through even to talk to someone> we had resigned ourself to it. Looks like we might be able to get help now. Will let you all know how it gets on. Anne x Hi Anne, I have called the number on the appeal form for the Community Legal Service. They will do all the paperwork and preparation but can't represent me at a tribunal. As I've had bad dealings with the CAB here previously i have said i will go with them, but nothing is set in stone until I sign some forms they send out. I will call the number in the link above tomorrow and go from there. I'm seeing the GP tomorrow to see about a couple of different things so will speak to get as well. i did google welfare rights for this area, but there was nothing apart from an outreach worker from a solicitors 20 miles away. I enquired and was told he wasn't taking on any more benefits appeals for the time being. So for now my best bet is the place I called today, but i won;t fully commit until I have spoken to the NAS welfare rights person tomorrow. What a nightmare! Quote Share this post Link to post Share on other sites
Annea Report post Posted February 22, 2008 Hi Anne, I have called the number on the appeal form for the Community Legal Service. They will do all the paperwork and preparation but can't represent me at a tribunal. As I've had bad dealings with the CAB here previously i have said i will go with them, but nothing is set in stone until I sign some forms they send out. I will call the number in the link above tomorrow and go from there. I'm seeing the GP tomorrow to see about a couple of different things so will speak to get as well. i did google welfare rights for this area, but there was nothing apart from an outreach worker from a solicitors 20 miles away. I enquired and was told he wasn't taking on any more benefits appeals for the time being. So for now my best bet is the place I called today, but i won;t fully commit until I have spoken to the NAS welfare rights person tomorrow. What a nightmare! Hi marnie, did you get the infomration you wanted today? We have just got our appeal date through, it is the 28th April 2008, so have a good few weeks to prepare. Have also just collected a report from OT and Physios. The OT states clearly that my daughter has, sensory issues and is unable to know where her body parts are in space, she also commented on her poor posture and clumsiness and lack of spacial awareness, she has also dropped from the 20th percentile to the 13th percentile of some test they did with her, which makes hers borderline something but the report doesn't say what! She has very poor posture and can't sit or stand still for long as she has very poor upper body tone and is hyperelastic in her upper body. She also has poor concentration and poor attention. She apparently seeks sensation and this causes her to fidget constantly and spin and bounce etc. Her report answers a lot of questions. I still don't know why she has all these problems but the physio report says that her paediatrican has been asked to push for a diagnosis. She will also continue with her leg casting to strech her tendons and continue her daily physio at home.... So how they can quite say my daughter requires NO extra help other than that of any othr 10 year old is farcical. At least if we get a positive result in April, she will have 8 months of back payments, so a few treats! What date is your appeal marnie? Anne Quote Share this post Link to post Share on other sites
Marnie Report post Posted April 16, 2008 i've only just had the paperwork back to put in for the tribunal! It's taking ages. I went to see my doctor yesterday as he has been on a sabbatical and we haven't seen him for well over a year. Just to really bring him up to speed and let him know the DLA was going on and he would more than likely get some thing through about it all. He asked me why i had applied for it as my son wasn't disabled! Gobsmacked or what. Maybe not disabled in the way a lot of people imagine disabled children, but I would like him to live with the problems I do and not think there are issues that i have to deal with on a day to day basis others with children without these conditions don't! I'm beginning to get really fed up with the attitudes of these so called professionals. Quote Share this post Link to post Share on other sites
florrie Report post Posted April 16, 2008 (edited) I an underestand your frustration, these people have been the bane of my life too, there is some info here , the second link if you down load the supplementary information is a check list. Tick as many as you can and demonstrate the difficulties as it is about the amount of points you get rather than the label, I hope that helps. Get a letter from the psychologist also demonstrating relevant points, ie obsessions, and why they cause problems and needing more care etc,that is what I did and I even had to use that when claiming for my son now he is an adult as we had no access to an adult specialist. The professionals do not seem to be very helpful and just make unhelpful downright predjudiced remarks. You should tell your doctor ASD is a disabilty and to say he is not disabled is discrimination against nonphysical disabilities which is against the disabilty discrimination act for asd, I'm also consdering putting in acomplaint about this otherwise it will just continue, I was told when my son was first dx 11 years ago that he would end up in prison, as that is what happens to them.I was horrified and upset. Oh and he has not ended up in prison, unfortunately due these horrific predjudiced remarks though he did not get appropriate intervention which would have given him a future which all asd people should be entitled too http://www.nas.org.uk/nas/jsp/polopoly.jsp?d=1561&a=7788 DLA (Disability Living Allowance): how to claim DLA application - supplementary information (DOC) Edited April 16, 2008 by florrie Quote Share this post Link to post Share on other sites
Marnie Report post Posted April 16, 2008 Thank you for that. I had similar with my daughter who is 21, she was eventually diagnosed with only ADHD, I don;t say only lightly, it's just that therre was and is a lot more than that but we have never had a definitive diagnosis, I have never had any help with practical support or financial help. She left and went to live with her father 18 months ago and has gone steadily downhill, thats another story. But my point I've rambled away from is she was consistently discriminated against through school, because she "looked normal". It was obvious once you had spent a bit of time with her she had problems but on the surface not. I had this all through school. Quote Share this post Link to post Share on other sites
dooday24 Report post Posted April 16, 2008 hi we were turned down for dla for reece the first time we applied (hes still go no formal diagnosis) and i took it to a tribuneral me and my mum went and they were really lovely and we were awarded high rate care and low rate mobility before we left goodluck and dont be fobbed off love donnaxxxx Quote Share this post Link to post Share on other sites
