Jump to content
  • Announcements

    • Kris

      Depression, Mental Health and Crisis Support   06/04/2017

      Depression, Mental Health and Crisis Support   Depression and other mental health difficulties are common amongst people on the autistic spectrum and their carers.   People who are affected by general mental health difficulties are encouraged to receive and share information, support and advice with other forum members, though it is important to point out that this exchange of information is generally based on personal experience and opinions, and is not a substitute for professional medical help.   There is a list of sources of mental health support here: <a href="http://www.asd-forum.org.uk/forum/index.php?showtopic=18801" target="_blank">Mental Health Resources link</a>   People may experience a more serious crisis with their mental health and need urgent medical assistance and advice. However well intentioned, this is not an area of support that the forum can or should be attempting to offer and we would urge members who are feeling at risk of self-harm or suicide to contact either their own GP/health centre, or if out of hours contact NHS Direct on 0845 4647 or to call emergency services 999.   We want to reassure members that they have our full support in offering and seeking advice and information on general mental health issues. Members asking for information in order to help a person in their care are seeking to empower both themselves and those they represent, and we would naturally welcome any such dialogue on the forum.   However, any posts which are deemed to contain inference of personal intent to self-harm and/or suicide will be removed from the forum and that person will be contacted via the pm system with advice on where to seek appropriate help.   In addition to the post being removed, if a forum member is deemed to indicate an immediate risk to themselves, and are unable to be contacted via the pm system, the moderating team will take steps to ensure that person's safety. This may involve breaking previous confidentiality agreements and/or contacting the emergency services on that person's behalf.   Sometimes posts referring to self-harm do not indicate an immediate risk, but they may contain material which others find inappropriate or distressing. This type of post will also be removed from the public forum at the moderator's/administrator's discretion, considering the forum user base as a whole.   If any member receives a PM indicating an immediate risk and is not in a position (or does not want) to intervene, they should forward the PM to the moderating team, who will deal with the disclosure in accordance with the above guidelines.   We trust all members will appreciate the reasoning behind these guidelines, and our intention to urge any member struggling with suicidal feelings to seek and receive approproiate support from trained and experienced professional resources.   The forum guidelines have been updated to reflect the above.   Regards,   The mod/admin team
Moogie

DLA going to Appeal Service

Recommended Posts

Moogie   

My boy has been getting DLA since late 2009, hes in his late 20s.

 

He has a disganosis of Autism and Aspergers along with some other mental issues.

Which cause him great problems,

 

We were awarded the Higher Care Componant and the Lower Mobility when applying back in 2009. Bback in 2010 things got worse, we applied to have the mobility componant highered as he finds it very difficualt to get around and needs help and guidence due to severe mental impairments. And is ‘virtually unable to walk‘ and has ‘a state of arrested development or incomplete physical development of the brain which results in severe impairment of intelligence and social functioning, which is what Autism and Aspergers demonstrate..

 

We supplied a fair amount of information, diagnosis contacts, diary, and basically his life on a daily basis and the 'worst day' which is basicly every day.

 

We have not been told that the DWP cannot make a decision on the documentation we provided, despite providing a vast ammount and them contacting the GP and other medical officials. So it is going to The Appeal Service.

 

I am asking others here for advice on what happens here, and how to go about arguing the case, has anyone been in this situation, and how did you go about it, and or handle it.

 

Any help or advice would be great

 

Thanks

Share this post


Link to post
Share on other sites
JsMum   

In cases of HRM it nearly always goes to Tribunal, as many parents wont go that far, its satistics! with the evidence you have I would say you have a good chance of succeeding at tribunal, so I would definately attend the Tribunal.

 

I recommend that you contact National Autistic Societies Welfare Rights service who will put you in contact with a expreienced person in Tribunals and HRM.

http://www.autism.org.uk/our-services/advice-and-information-services/welfare-rights-service.aspx

 

 

Defo go to the tribunal and defo fight for your son.

 

JsMumx

Share this post


Link to post
Share on other sites
Mumble   

From the information you have provided here, I can't see either why he would be eligible for higher rate mobility or the logical links between your claims - though I accept that there may be more information you have not given here.

 

I think you need to be clear about his diagnosis. You can't have a diagnosis of autism and Asperger's; Asperger's is autism. If he has Asperger's then he will have an average or above IQ and no learning difficulties, i.e. no severe impairment in intelligence.

 

Needing help and guidance to get around is the criteria for lower rate mobility. Higher rate is awarded if he is physically unable to walk, which would not result from Asperger's. He may be unwilling or require guidance/support, but this is not the same as unable.

Share this post


Link to post
Share on other sites
JsMum   

Severe mental impairment doesnt directly mean a very low intelligence, it can mean severe impairment in social functioning, emotional, mental health, behavioural, too, and wether you can transfer your intelligence to other tasks and daily living needs.

 

I know of some children with severe Autism but are very intelligent but are also a danger to them selves and others indoors and it increases outdoors due to the increase potential dangers of cars, people ect.... to get high rate care demonstrates his high level of needs so surely his needs are as just as relivant if not more relivant outdoors.

 

you have said that he also has mental health problems ensure these are explained too.

 

JsMumx

Edited by JsMum

Share this post


Link to post
Share on other sites
Mumble   

Severe mental impairment doesn't directly mean a very low intelligence,

I was simply referring to the OP, namely the wording of:

 

incomplete physical development of the brain which results in severe impairment of intelligence

A diagnosis of just AS (or even mental health issues) would be incompatible with this statement.

 

to get high rate care demonstrates his high level of needs so surely his needs are as just as relevant if not more relevant outdoors.

The care and mobility components aren't about indoor and outdoor needs, they are about very different needs. Mobility is about getting around; there is specific wording included in LRM to allow for difficulties in new places, unpredictable behaviour etc., but HRM is based on physical mobility needs.

 

To warrant moving from LRM to HRM I think you would need to present a good case as to why his mobility needs (not care needs) have changed substantially. A dx of AS is not going to do this as a)he has always had this and b)AS does not result in reduced mobility per se.

Share this post


Link to post
Share on other sites

As the others have said, unless he cannot physically walk, he won't get HRM. I have a friend, with premature-onset osteoarthritis and, because she can still walk the dogs 500 yards, she doesn't qualify for HRM (even though she's practically wheelchair-bound 95% of the time; though she wouldn't be if she lost half of herself, but that's a bit of a catch-22, sadly (and before anyone says that's me being mean her retort to anyone calling her a "fat b**ch", or similar, is "It's morbidly obese, b**ch, dear - get it right!" so she's fully aware that she should be nearer to 10 stone than 22, but I can't see it happening, sadly... :( )

 

I think the criterion appears to be that you have to be practically quadriplegic to qualify.

Share this post


Link to post
Share on other sites
Moogie   

Some people qualify for the higher rate of mobility becasue if they have a 'severe mental imparement'.

To to be entitled to get Higher Rate Mobility the person must:

 

Be entitled to get the higher rate care, which he does.

suffer from a state of 'arrested development and complete physical development of the brain which results in severe impairment of inteligence and socail functioning'.

Share this post


Link to post
Share on other sites
Mumble   

Be entitled to get the higher rate care, which he does.

suffer from a state of 'arrested development and complete physical development of the brain which results in severe impairment of intelligence and social functioning'.

I'm not sure how you're going to prove/justify 'severe impairment of intelligence' if his dx is Asperger's (and hence, by definition, no impairment of intelligence).

Share this post


Link to post
Share on other sites
jlp   

I went to Appeal with my claim for higher rae for mobility with my Aspergers son and won.

 

Whilst having above cognative abilities, he lacks 'useful intelligence' such 'a car won't hurt me because I'm made of metal' and other examples.

Share this post


Link to post
Share on other sites
gazmcfaz   

could you state more about his mental health difficulties? Just having aspergers isnt really enough to claim, there needs to be more evidence, like, because of his aspegers, did he realise he was different from everybody and become depressed, develop strange ideas about himself or the world, become on edge/paranoid?

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now


×