DLA

[OPooh]

We are in the process of dx - so you think we might just be better to wait then?

[phasmid]

If you apply now and get turned down I think there is a six month time limit before you can re-apply for it. So it depends on how long you think dx may take and whether or not you think it will make that bit of difference to your claim.

[OPooh]

Ok thanks for the info. Think we'll wait unitl we see the paedatrician then.

[UltraMum]

Just found this - a bit complex but basically a digest of decisions made at appeal re DLA:

 

http://www.disabilityalliance.org/dlalaw.htm

[lindy-lou]

i had a phone call from the disibility benefit center in bootle today,i sent my form in 3 days after the time alotted on the front of the form and they wanted to know my reasons for not getting in within there time scale,i said it had taken me some time to gather evidence and documentation and that my key worker had been away over the christmas period and i had had to wait for her to help with parts of the form,she seemed quite happy with that BUT will it mean i wont get it backdated to when i applied for the form as you're supposed to?

[DaisyProudfoot]

im worrying that ive read quite alot on this thread that the DLA have gone to the school instead of who you've asked them to approach because the nursery are quite against the idea of india being on the spectrum because she doesnt display her behaviours as much at school as at home

 

 

Just read this and now I'm worried because despite me giving the DLA a statement from his paedetrician and the psychiatrist's dx report they're still going to the school for their report and our school's pretty similar to yours Lindy where the old spectrum's concerned

 

Oh well,

Daisy

[DaisyProudfoot]

BUT will it mean i wont get it backdated to when i applied for the form as you're supposed to?

 

I don't know because we were late with ours by only a couple of days too, what with Christmas and stuff. I guess you could phone and ask them.

 

I'm not holding out much hope on ours anyway now the stupid schools involved.

 

Daisy

[smiley]

Do they have to tell you if they are contacting anyone??

 

We recieved a letter last week - basically saying 'sorry for the delay....decision will be with you shortly' kind of thing.

 

No mention of contacting anyone.

[lindy-lou]

im not sure if they do actually have to contact anyone,i suppose it depends on wether they want any further evidence or not or if you provided enough with your application,i was just glad to hear that someone had even looked at our form that quick!!the school are being a bit more helpful now and i think they are beginning to see that she is AS,they've noticed the hands over the ears an no imaginitive play etc but i still would rather they contact the paed or our key worker than the school or gp who hasnt had anything to do with india other than prescribing her meds,i hope they do backdate it because the date on the form is 2nd december and i sent it recorded delivery on the 16th january whereas it was due back by the 13th january,so would be a fair amount of backdate to miss out on

 

 

ALSO another quick question,ive just got my carers allowance form,should i go ahead and send this off now?or wait to see if DLA is awarded first,if i do hand it in now will i get that backdated too?

[smiley]

I sent mine off together - you do get a letter saying you've been turned down for Carers because you haven't had a decision about DLA. But then another letter came through saying, if the claim for DLA was sucessfull - contact them and they will back date it to when the DLA forms went in.

[lisa]

If you read back through this thread, you'll see that the way my daughter's school filled in the DLA form was disgraceful.

 

SALT - Normal

Social Communication - Normal

Additional help at school - left blank!!!

Toileting Needs - Normal

At the end the SENCO wrote, "We do not consider this child to have a disability"

 

At the time she was having SALT and going to a social skills group in school. The school had a report saying that L was going to the eurenesis clinic for incontinence problems and they wanted to give her medication!! There were also lots of other interventions going on which the SENCO conveniently forgot to mention on the form.

 

Obviously after their evidence we were turned down for DLA. We asked for a copy of the school's evidence form. I asked for the decision to be reviewed and said I would be sending in further evidence. I then wrote a point by point argument, backed up with evidence of why I thought the school were wrong, and then said that I'd be making a complaint to the school's chair of governors about the way the form had been filled in.

 

I then sent them a list of professionals (anyone who'd seen my daughter) and friends/relatives etc. who could confirm her difficulties. It worked because we were then awarded high rate care without having to appeal.

 

My advice would definitely be not to accept a refusal. Your child has a disability and is entitled to that money. I believe that every child with an ASD should automatically be awarded DLA and they should only have to decide what rate they will get!!

 

Lisa

[Flora]

I totally agree with Lisa. I had a similar incident. They contacted the school and what the school sent them was disgraceful. They basically said he had not problems and left blank some of the questions. I got turned down but sent loads of extra evidence to prove the school were wrong. Within four days they reviewed the decision and my son was awarded higher rate care and lower mobility until he's 16. This was without going to appeal. Do not accept a rejection and always be ready to send extra evidence.

 

When they wrote to me telling me they'd asked the school for extra info I immediately requested a copy of my son's records from the school; a copy of the DLA form was in there so I knew immediately what I was dealing with. I also wrote to my MP who contacted the DWP on my behalf at the same time that I asked for the decision to be reviewed.

 

Good luck, and don't give up.

Edited August 19, 2006 by Flora

[smiley]

Got our letter through today -

 

Middle rate care and lower rate mobility. Which means i can also get carers allowance

 

The relief is HUGE,lol. I had to give up one of my jobs back in October (Little monkey was not coping with it) and things were getting waaayyy to tight money-wise. Think Mr Bank Manager will be as relieved as me

 

Still had the gut-wrenching bit though. In black and white - son's name - disability...

[Flora]

Great news

[UltraMum]

Got our letter through today -

 

Middle rate care and lower rate mobility. Which means i can also get carers allowance

 

Good news

[jen]

DLA is looked at a panel of non medical people so if your child requires extra care or help more than a normal child then you would qualify. The secret to filling in the form is to use the best your child is and the worse. So for example sleeping if your child has periods of time when he struggles to sleep you need to state it in minutes or hours and frequency how long it takes to settle him. If he is unable to access the normal curriculum school activites say so.

 

Remember you can never put too much on the form but you can put too little.

 

you can ask a friend, doctor school who ever diagnosed your son to put there version of it. We used out OT

 

Jen

[mum22boys]

I applied for DLA for M in December. I got a letter several weeks ago to say they would be writing to the school who claimed they would list m's problems. Received a letter today to say he has been turned down for DLA. I feel so angry because of all the problems he is faced with. I had someone from the Money Advisory Unit to fill out the form who said the reports i had about m were very good. Still we were refused.

 

I know they will appeal for me which is what i will be doing on Monday. Is there any chance of getting it at appeal? Has anyone here managed it?

 

I know i could read through all the posts but i would be sitting here all day if i did that!

 

mum22boys

[Kathryn]

Hi mum22 boys,

 

Sorry to hear you've been turned down. It's so demoralising isn't it, after wading through all those pages. Do you know what the school wrote? Going by other people's accounts it isn't unusual for people to be rejected first time and get it on appeal. I don't know much about the appeal process but I know others on the forum have been successful - hopefully someone will be along soon to help.

 

K

[Flora]

mum22boys. I was turned down first time I applied. I left it for a couple of years and was turned down last November on my second application. I asked for them to reconsider their decision and sent them a huge bundle of extra evidence and info. I also contacted my MP who wrote to them on my behalf. 4 days after they turned me down they rang me to say they were changing their decision to higher rate care and lower mobility until he's 16. Try asking them to reconsider their decision; if you do then a totally different person has to look at all the paperwork. They had turned me down because of what the school had said (or rather what they didn't say).

 

If you want more details please feel free to pm me and I will email you.

Edited August 19, 2006 by Flora

[lindy-lou]

well....we got turned down apparently she doesnt need anymore care than a child of the same age!!YEAH RIGHT so off to appeal.....

[mum22boys]

lindy-lou,

 

not needing any more care than a child of the same age...

 

Thats the bit that made me laugh!!!!!! - NOT

 

So if M doesn't need anymore help than a child his age why did it take me two visits to the doctor with a suspected urine infection and then half a day talking to him to convince him the doctor won't hurt him and prepare him for the visit. Thats not to mention the problem if they prescribe antibiotics!!!

 

I am so angry.

[lindy-lou]

well i am going to rip their "doesnt need more care" theory to pieces,how dare they think they know what goes on in my house, im sure they just cant be bothered to process the forms and get there big rubber NO stamp out so it will get passed onto the appeals department instead,im not going to give in to them,gathering my eveidence now,they didnt even ask for more evidence from school,gp or paed,also they said she is not entitled to DLA bcause she does not require me to spend 1 hour on her personal care!!!

[mum22boys]

Same here lindy-lou. Apparently i don't spend an hour on personal care either. I wish I didn't but fact is I spend most of my time preparing him for things he can't cope with. I have started writing my week diary and have left nothing out. They will be getting further evidence from me!!!!

 

mum22boys

[lindy-lou]

yes i will write a diary too!!good idea!!i will tell them in no uncertain terms just how difficult life is and how patient we must be with india,we too have to prepare her for EVERYTHING.i am also geting letters from her paed,psychologist,and key worker at child development unit,when they say we dont spend an hour on personal care,do they mean each time personal care is required or just over the course of the day?because bathtime can take hours and i stated so on my form because india has sensory issues with water being hot when its not,she also has an aversion to her hair being touched and we cant cut it,washing it is difficult and brushing it is a nightmare

[mum22boys]

Lindy-lou,

 

I think it's an hour over the day.

I feel very let down by the school although i know i can't prove yet that it was what they wrote. I can just imagine them writing he has no behaviour issues! Oh and he needs no extra help during the day! Only because they won't give him the help and i constantly fight for it.

I will also be carrying my camera around for the next week or so because I am determined to give them an insight into my life.

 

How many more battles do we have to fight?

[UltraMum]

mum22boys and lindy-lou

 

Sorry to hear your news - hope you can get the decisions reviewed

 

I'm wondering what they will make of our form now - most of our hours/minutes was guesswork as we don't watch the clock ....

[lindy-lou]

Mother eve,i couldnt work out what the minutes were(ridiculous if you ask me) so for alot of it i put all day,i wonder if that was part of the reason for their decision?

 

will keep you updated on the review,hope yours goes well <'>

[UltraMum]

Mother eve,i couldnt work out what the minutes were(ridiculous if you ask me) so for alot of it i put all day,i wonder if that was part of the reason for their decision?

Don't see how they can say you don't spend an hour on personal care then

will keep you updated on the review,hope yours goes well <'>

I'm trying not to worry about it - but I don't think my health could cope with a review/appeal

[mum22boys]

Mother eve and Lindy-lou,

 

My form was filled in by a lady from the Money advisory Unit who fills these forms in every day. She put in some of the boxes such as comminication problems that he required help all day so I don't think that would be the reason you hadn't got it lindy-lou. She said my reports from SALT was excellent for identifying M's problems and i sent DLA a copy. It made no difference at all.

 

I think it's the luck of the draw if you are awarded it first time of applying.

 

mum22boys

[mum22boys]

Sorry, meant to ask you all a question as well!!!!!

 

Now I have asked for a reconsideration is there a time limit to getting the extra evidence of to them. I assume they don't expect it by return post as i was advised to keep a diary for the week and they are sending me a copy of the school report they received.

 

Does anyone know?

 

Thanks

 

mum22boys

[lindy-lou]

Don't see how they can say you don't spend an hour on personal care then

 

me neither because if its over the whole day then we definatley do,i told them how difficult bathtime is dont think they read them tbh!!

[UltraMum]

dont think they read them tbh!!

 

Sounds suspiciously like it ... are you going the review route? or appeal?

Edited February 2, 2006 by MotherEve

[UltraMum]

Now I have asked for a reconsideration is there a time limit to getting the extra evidence of to them. I assume they don't expect it by return post as i was advised to keep a diary for the week and they are sending me a copy of the school report they received.

 

Does anyone know?

 

Sorry - don't know that ... - sure one of the 'old hands' will though ...

[lindy-lou]

Sounds suspiciously like it ... are you going the review route? or appeal?

 

 

i didnt know there was a difference,just got told to appeal if i thought the decision was wrong,so have got an appeal form from DWP,its just a form though and have to attach my own evidence,i am gong to base it on the 2 points they have given for refusing her DLA,which are she doesnt need more care at night time than a child of the same age!!is it normal for parents of 3 and a half year olds to be awake all night watching over there child incase they blow the house up??i think the DX of sleep apnoea wil give weight to my claim as well,and as for the hour spent on personal care,i have already told them how difficlt and uncooperative she is so what else can i add?i am getting a letter from paed but dont see psychologist to march and was hoping to get a letter from them as well,so i would like to know the time scale for appeals as well.

[pumpkinpie]

I got dla with no real problems but my health visitor was brilliant and helped me fill it in. the last time I applied we got the higest rate of everything, they sent a doctor to see us and i did feel guilty but my health visitor came as you are allowed to have someone with you and she spoke to him before hand. He was great and said immediatley he could see we need help and told me hed be recommending top allowances.

Its very much who reviews the form on the day at the dla. But i seem to remember you didnt have to put schol down and can reuse permission for them to contact school. I didnt want them to as i felt school did not have the relevant experience or understanding to help me.

Hope this helps

[mum22boys]

I've been compiling my evidence today. I feel like a detective

 

I asked a manager of a local store who had seen M in full blown tantrum if she considered M to be a danger to himself or anyone else. She didn't hesitate in saying yes. She then wrote me a letter to the DLA telling them he was a danger to himself and if I had let him go he could be a danger to the public. She is a independant witness so i hope it helps.

 

Am now thinking of all the others I can ask!!!!

[UltraMum]

i didnt know there was a difference,just got told to appeal if i thought the decision was wrong,

 

There's some stuff about challenging the decision on the RNIB site:

http://www.rnib.org.uk/xpedio/groups/publi...e_decision.hcsp

 

Asking the decision-maker to look at a decision again

You can challenge the decision for any reason within one month of the date on the decision letter. Ask the Disability Benefit Centre, if possible in writing, to look at the decision again. A different decision-maker will look at the decision again. If they alter the decision this is a revision.

 

If the Disability Benefit Centre does not change its decision, or if they change the decision but you still don't agree with it, you can ask for an appeal.

 

If benefit is awarded, or increased, as a result of a revision, the change will take effect from the date of the original decision.

 

You can ask the Disability Benefit Centre for a written statement of the reasons for its decision, within one month of the date on the decision letter.

 

If you ask for this statement the normal one-month time limit for challenging the decision will be extended by 14 days. (This applies for a review or an appeal application.)

AND

 

 

Appeals

If you do not agree with a decision about your claim you can appeal to an independent tribunal either:

• straightaway following the initial decision or
• after the Disability Benefit Centre has looked at the decision again (see above).

You have one month from the date of the decision to request an appeal.

 

To appeal you should complete the appeal form GL24, "If you think our decision is wrong", available from the Disability Benefit Centre. You can also enclose any supporting evidence. Send the form to the office that made the decision.

 

When you ask for an appeal a decision-maker will have another look at the decision, if they have not already done so. They have the power to change it without the need for an appeal tribunal.

 

If they change the decision, and it is to your advantage, the appeal will stop. If the new decision does not give you everything you want, you will have to put in a fresh appeal within one month of the decision.

[mum22boys]

Have just phoned up about M's reconsideration.

 

I have 3-4 weeks to submit extra evidence. The copy of the school report I requested will take a few weeks to reach me. No doubt it is coming by carrier pigeon.

 

Just though i'd let you know the time scales

 

mum22boys

[Blue-Kat]

just wanted to share some good news.

Our 10 yr old son has been awarded DLA, middle care, low mod for slightly over 2 years.

 

we used the cerebra guide to filling in the form, and sent in reports from tutor, and other parents.

 

The DLA people asked for GP report , who called me in to discuss it. She didn't want to say he has autism per se but did say he clearly has significant problems.

 

I could see her point as currently he only has wishy-washy dx (aspects of PDD/ADD/dyslexia etc) on file from private assessment, and is awaiting NHS assessment. I gave her a short list of areas he has difficulties with (the fill in Doctor's sheet from the cerebra guide).

[Blue-Kat]

excellent idea to get report from the shop manager !

I am sure it will carry a lot of weight.

can you ask any parents of same age children ?

 

it took me ages to complete my son's form and supporting evidence, it was months late, but I did keep phoning them to say I was working it, or that waiting for reports to come in.

 

in other dealings with the DLA offices I have found them to be fine about waiting for forms and reports etc as long as you keep in tocuh and explain the delay e.g. the forms are really hard, long and emotionally draining plus first priority is actually doing the day to day care !

 

good luck !

-

 

 

 

 

I've been compiling my evidence today. I feel like a detective

 

I asked a manager of a local store who had seen M in full blown tantrum if she considered M to be a danger to himself or anyone else. She didn't hesitate in saying yes. She then wrote me a letter to the DLA telling them he was a danger to himself and if I had let him go he could be a danger to the public. She is a independant witness so i hope it helps.

 

Am now thinking of all the others I can ask!!!!