DLA Appeal - ADHD/Aspergers

Terrysdelight

Hi, hope I'm on the right forum!

I've lodged a claim for the above. My son has ADHD & Aspergers - I have given up work because life was becoming increasingly more difficult to look after my son. I couldn't get anyone to look after him before/after school because of his difficulties. My own family members can't even cope with him.

I lodged a claim for the above because I believed we are entitled and I have paid my taxes solidly for the past 30 years and we are now in need. Anyway claim was turned down, I requested them to look at it again and it was turned down again. I can't see any reason why is was turned down because, we met all the criterea over and over. I now have to appeal.

Can anyone offer any advice/tips to help me get my appeal through successfully?

Many thanks

dmg24

Hi Terrysdelight,

Did they give a reason for declining the application, and was your son called for a medical? Was any medical evidence submitted with the application, or requested by the DWP?

You say that you know that he meets the criteria - have you been advised/ researched what the criteria are? x

[Deleted User]

before you lodge the appeal(if its not too late?)ask for a statement of reasons,this will tell you why they decided what they did,it also extends the time you have to hand in the appeal from 4 to 6 weeks.
Its also an idea to get someone like CAB or welfare rights to help with the process,also best to ask for an oral hearing and not a written one as the chances of success are higher.
good luck

Titch89

Have you kept a diary, which explains what problems he's encountered on such a date?

With children & DLA, you have to prove that he can't do something that other children his age can do.

Terrysdelight

dmg24 wrote: »

Hi Terrysdelight,

Did they give a reason for declining the application, and was your son called for a medical? Was any medical evidence submitted with the application, or requested by the DWP?

You say that you know that he meets the criteria - have you been advised/ researched what the criteria are? x

I asked for a letter explaining why he had been turned down, and it spelt out child needs, this that and the other etc for a period of at least one hour per day - we met all those needs many times over - feeding, washing, bathing, toileting etc. One other great difficulty I have is trying to get my son to keep his clothes on - he is hypersensitve and on top of this, he is also hypersensitive to food, textures etc and he barely eats. School can't get him to keep his clothes on or eat.

I haven't researched on criterea.

Terrysdelight

dmg24 wrote: »

Hi Terrysdelight,

Did they give a reason for declining the application, and was your son called for a medical? Was any medical evidence submitted with the application, or requested by the DWP?

You say that you know that he meets the criteria - have you been advised/ researched what the criteria are? x

Hi, I asked for a letter explaining reasons why (this is why I know I met all the needs). I submitted a medical report. My son wasn't called for a medical and nothing has been requested by the DWP. I haven't researched criteria, but on the letter explaining why he was turned down, it said child needs to have at least one hour per day feeding, washing, toileting etc. We do meet all of those needs. My son is so frightened of going to the toilet he holds himself all day at school and then I have to sit with him in the bathroom each morning/night for about 30/40 minutes each time. He is sensitive to bubbles and won't wash - I have to shower or bath him everyday and he has no sense of time. I could put him in a shower and then an hour later he would still be there. I have to help him do virtually everything. I help him get dressed - he then undresses himself - he does this at school to. He can't write because he can't concentrate. The specialist tell me it's because of the aspergers and not to push him - but to teach him to type.

I am quite worn out and I had no choice to give up work because he became more and more of a handful and no one could cope with him.

Terrysdelight

Titch89 wrote: »

Have you kept a diary, which explains what problems he's encountered on such a date?

With children & DLA, you have to prove that he can't do something that other children his age can do.

No, I haven't kept a diary - to busy and tired to do that! Life is virtually the same though. I've got evidence from school and doctors letters.

dmg24

TBH I think that you need help with completing the forms. You would appear to meet the criteria for at least lower rate care, but sometimes not phrasing things correctly can lead to your claim being turned down.

If you go to the DWP website, then click on Advisers, Specialist Guides, and then Decision Makers Guides, you will find the guides that the DM's use to reach their decision. Also on the Advisers screen, you will find Guides and Manuals for Medical Practitioners, which is also used in making a decision on whether to award DLA. There is a lot of information there, but it is well worth reading.

Terrysdelight

dmg24 wrote: »

TBH I think that you need help with completing the forms. You would appear to meet the criteria for at least lower rate care, but sometimes not phrasing things correctly can lead to your claim being turned down.

If you go to the DWP website, then click on Advisers, Specialist Guides, and then Decision Makers Guides, you will find the guides that the DM's use to reach their decision. Also on the Advisers screen, you will find Guides and Manuals for Medical Practitioners, which is also used in making a decision on whether to award DLA. There is a lot of information there, but it is well worth reading.

That sounds really helpful - thank you I will look up this info.

Diane_239

hi Terrysdelight,
my son has the same has your son.Do you have a social worker?i got everyone from the school,family doctor and hospital doctors that worked with my son to write a letter to DLA when i put in my appeal i also requested for them to carry out there own medical on my son.but this didn't happen in the end they said they had a enough information once they had received all the medical letters.it took three months for my sons claim to be sorted.do you receive carers allowance?don't give up the fight.also contact the benefits help line.I hope you get this sorted and all the best.keep all letters they send you and also keep a note of the day you applied has this should be backdated.

outrageous_monkey

Hi Terry

I had a similar problem to you when I was trying to get DLA for my AS son.

First time I was turned down, I won the second appeal. My son was turned down because the DLA took the advice of his school report over all the medical reports that were submitted. The school report had put that basically he was ok, but needed extra help if there was a school trip. The medical reports stated how he has dyspraxia and severe AS... mobility problems and severe communication and language difficulties.

Have you got a local autistic support group?? I only ask, cos my local group have been fantastic. One bit of advice I got from them was, when we fill the forms out, we will play down whats wrong with our child, so we will put 'have to watch him for half an hour when he is in the bath' when in reality, you have to watch him ALL THE TIME when he is in the bath. The DLA might look at it as he could be in the bath for over an hour, but you have to watch for half an hour IYSWIM. Like when they are playing outside or walking on the road.... you have to watch then ALL THE TIME.... dont break it down into the 10 minute walk to school.

However, I didnt get this bit of advice till after I was awarded the lower rate care. I was told to appeal again, but I was just so pleased I could get something for my son, I didnt bother.

HTH