Can anyone offer any DLA advice?

[jlp]

Sorry if this is in the wrong forum - I did look but couldn't see a DLA one? I'm tired though so it could be glaringly obvious!

 

Just a quickie - we recently reapplied and our DLA has continued at a high care rate and low mobility. I asked for the decision to be reviewed in hope of high mobility too but it was kept at the original award so now I'm trying an appeal, I know it's a long shot.

 

The decision in writing was 'we accept that G has challenging behaviour, difficulties in school interaction and arrested brain development but there is no evidence of significant learning difficulties. Overall there is not enough to qualify for a higher rate of benefit.'

 

I have only until the 4th Feburary to appeal (delayed even starting due to poorly children) and can't think of anything else. I've explained the problems we have out an about and given examples of incidents that have happened. My main query is it doesn't say they need to have learning difficulties to get higher rate?

 

We get care at high rate, they accept he has challenging behaviour and for severe metal impariment 'the person must be suffering from arrested development or incomplete physical development of the brain which results in severe impairment of intelligence and social functioning' - I've used the 'useful intelligence' argument but it obviously hasn't had an impact.

 

Any new ideas / input would be gratefully recieved?

Edited January 25, 2006 by jlp

[lil_me]

Have you tried contacting your local Welfare Rights team ?

 

I don't know any parents of children on the spectrum who recieve higher rate mobility without the child being either in a wheel chair or unable to walk without extreme assistance, but it might be worth a try.

[madmooch]

Jlp I notice you are from Tyne & wear, I'm in Sunderland, Where abouts are you?

 

I know someone who may be able to help

 

Clare

[jlp]

Have you tried contacting your local Welfare Rights team ?

 

I don't know any parents of children on the spectrum who recieve higher rate mobility without the child being either in a wheel chair or unable to walk without extreme assistance, but it might be worth a try.

 

I know it's a real long shot and don't expect to get it, but as he's getting bigger it's hard (actually impossible) to carry him far kicking and screaming. Quite often I've resorted to having him in the buggy on the way home from school as a manic 1 (now 2) yr old is easier to manage! Not so easy now as he's changed schools and busier roads so can't let the littlie walk.

 

It's just imo he meets the criteria but I do realise that hardly anyone gets the higher rate, just kinda hoping if I keep objecting they may get sick of me (dream on I know!)

[jlp]

Hi I'm in sunny Gateshead

Edited January 25, 2006 by jlp

[madmooch]

A bit to far for her, Sorry.

 

Clare

[jlp]

Not too worry - thanks anyway <'>

[lil_me]

You've done well to get lower rate if he's under 5, most are denied that aswell. Welfare rights in your area I am told are good. 0191 477 1392 contact number I believe it is correct. Always be aware with all appeals they can reduce the amount paid aswell as increase it, seen a few people go through this lately.

 

 

This site has some info, I found it extremely useful http://www.benefitsnow.co.uk/special/children.asp

Edited January 25, 2006 by lil_me

[jlp]

Thank you - forgot to say he's just turned 6 and it started on his 5th birthday! Will give that number a ring later.

[Elouise]

Between 5-8 Nathan had the lower rate as it was not ruled he needed sufficent extra care when out when compared to say a normal over enthusiastic lively 5 year old.

Remember they always compare against a normal child of the same age.

I have no idea who this normal child is either.

 

Nathan was awarded the higher rate at 8.

 

No one has ever been able to asses Nathans IQ. There is not a test available that takes into account THAT severe a communication disorder.

{Nathan talks incessantly but its over 80% echo from TV shows that he tends to get 60% applied in the right places as a response to a question}

Nathans autism is very bad ( he is under one of the very few Uk specilaists who specialised in autism) and I think it helps that this person always fills in Nathans medical forms.

Nathan falls into the grey area some times he has higher sometimes lower.

I think they work it out according to his ability to do things NOW against what could be expected if he had not got a disability.

 

I recommend using 'The disability resources handbook'; it explains what the rotton forms mean in understanable english .

 

I will try and think of any other useful info later.

[UltraMum]

There's some info here about appeal decisions - may give you a clue as to any argument you put forward and possible insight into the workings of an appeal panel ...

http://www.disabilityalliance.org/dlalaw.h...ural%20Problems

[clintess]

good luck ive been fighting my ds since april the only gave him low for care and nothing else,despite reports and his communtity nurse a long with salt,new senco report and been given a special needs buggy,he is seven this year.

[ksasnic]

Not to put a downer on things but go careful they could if they see fit change the award altogether once reassesed in more detail .. just know of a few people who had this happen to them..

[carrieq]

Would it be of more practical benefit to see if you could get a blue badge? This is what I am thinking for ds. He gets highest rate of care and lowest mobility, he is 6yrs. Over the last couple of months he has started running when he gets the chance and his dr has said he is incredibly impulsive and needs close supervision in a situations. I thought about upping the mobility but the blue badge would be better for us as its in big spaces with lots of people that he loses it and I would benefit from having the car as close to a building as possible. I think on the other board there are examples of people who have got a badge while on the lowest rate. I presume a good drs lettercould sway it!! I hope so

Carrie

[microsoft_admin]

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