Another DLA query

[dekra]

Hi all,

 

My 4 year old son was recently awarded MRC after a reconsideration when he was initially refused any DLA at all. I had hoped he might be awarded HRC as he has extensive disturbances during the night as well as having needs during the day, however I was ok with MRC and certainly wasn't going to appeal incase they decided the first DM was correct and took MRC away. They made the award from 20th July. I queried this as I was told it would be from 12th July when I first asked for the forms. Unfortunately I had printed form off computer instead of using the one they sent me so I had all the space on the back of the forms to give additional information. This didn't have the date stamp so they only awarded from the date they recieved the form in the office. I was told it was no big problem, just to pop the double dated letter in the post with a covering letter which I did.

 

Today I received a phonecall from the DLA reconsideration dept - just asking for the date of the award to be amended triggered a full scale reconsideration of the entire claim. The lady that called me has done so specifically to ask about nights. We chatted for over 10 mins about Finn's sleeping habits and disturbances and she was asking lots of questions all of which I was answering with detailed descriptions. The lady didn't say for sure but I have a feeling she might also have felt that given the day time and night time care needs that HRC is appropriate. The questions she was asking didn't seem relevant to her taking away the DLA and the only reason I can think is that she is considering awarding HRC instead of the current MRC.

 

Has anyone else had this happen where they've been awarded a higher level of DLA when the reconsideration was not asking for it? (I know people have lost DLA or had it reduced just never heard of them increasing it).

[chris54]

As I understand it if someone has care needs both night and day then HRC would be payable.

For a child it has to be substantially more than would normally be needed by a child of that age.

From what you have said it sounds like you have a good case.

Perhaps the query about the date has led to someone else looking at the case and maybe they have taken that view. Lets hope so.

[dekra]

Just to update on this - I found out today they HAVE changed Finn's award to HRC. Although they have reduced the length of the award from until June 13 to until Oct 12 but I think this is fair. Hopefully by Oct 12 the night time issues will have resolved (I can live in hope - I've been telling myself that it will resolve in a few months for the last 2 and half years).

 

So I am completely astounded at DLA - inital refusal, then awarded MRC when I requested a reconsideration. I inadvertantly triggered another reconsideration when I only asked for the date to be corrected and they have chosen to award HRC. To those of you being refused or given a lower award than your circumstances merit then please please do not give up and ask for that reconsideration or go to appeal triunal.

[Gonzo]

Thanks for posting this dekra, good to know you have got the level of DLA it sounds like you deserve.

[Lynden]

It's not uncommon on the first application to get a refusal. We did, and I asked them to reconsider pending my sending reports in from his multidisciplinary in a weeks time. I heard back that he had HRC before the meeting even took place! Well done on getting the HRC though Like you I'd happily give up my HRC for a full nights sleep

 

Lynne x

[dekra]

Like you I'd happily give up my HRC for a full nights sleep

 

Oh yes, that mythical thing called a full 8 hours! Had a few extra bad nights so far this week. With a lot of crying and sobbing in his sleep for hours on end. How can I soothe someone that isn't even awake and aware of my presence? I can't fully awaken him, but partially waking him seems to lessen it a little for about 2-5 mins by which time I have just crawled back into my own bed. I really think I need a spare bed in there for nights like that but we are struggling for room as it is. He is only in a little jr bed so it's uncomfy for me to cuddle up with him and I've resisted getting him a full size single bed as firstly I don't want to encourage tired sleep deprived me to climb in with him too much and secondly he often climbs out of bed to sleep on the floor. (And no it's not the bed as we thought it might be and got a new bed and better quality mattress and he still does it - puzzling). I'm worried the bad nights are linked to my starting University but he does seem to have settled into his new nursery much better than his old one. They have a better staff ratio and he gets a good mix of activities. He actually now asks to go to nusery if we get in the car on a morning - even if it's not a nursery day. Huge huge progress from last year although not sure if it's he likes this nusery or that he only now has the ability to recognise the routine and possible destination and vocalise it or not. Also when he's saying going to nusery I'm still not sure if it's a request or just an observation. I am choosing to take a positive outlook that he wants to go.