Don't know where to turn

lilac_lady

I definitely think that your son needs a DLA review as it seems his award is too low. Remember the CAB advice is only as good as the person you spoke to. Ask your GP to refer your son for medical help again and then perhaps speak to someone else at the CAB. It makes sense for you to claim the carer's allowance as it seems that you're fit enough to work according to the new rules. Good luck.

healy

lilac_lady wrote: »

I definitely think that your son needs a DLA review as it seems his award is too low. Remember the CAB advice is only as good as the person you spoke to. Ask your GP to refer your son for medical help again and then perhaps speak to someone else at the CAB. It makes sense for you to claim the carer's allowance as it seems that you're fit enough to work according to the new rules. Good luck.

The new rules for incapacity - the Employment and Support Allowance have not started yet. ESA is due to start in October for new claimants only.

GlasweJen

Maybe you can lighton but i am going by the advice on the DWPs own website. I don't want the OP to pin her hopes on a high rate of mobility when really it's more likely to be lower as her adult son who is over 16 can walk. I do know of autistic children being awarded high mobility.

Moggsy_2

lighton wrote: »

My son can walk. It is looked at as a severe disability and he cannot go out alone as he is a danger to himself and others .We have had dla doctor out so defo know you can get high rate.

The criteria for the higher rate of mobility though, is if a person cannot walk or is unable to walk a certain distance adequately and not for severe disability. Being a danger to himself or others comes under the Care rate in most circumstances. Most people I know with autism only get the lower rate for mobility, regardless of the rate of Care awarded. I do know a few autistic children/adults who do get the higher rate of mobility, but they had to fight for it through appeal. My son couldn't get the higher rate of mobility, even though he is on the higher rate of care, because he can walk up to 800 metres slowly, even though he is unable to travel on public transport.

nm8553

I have succeeded with applications for higher rate mobility on the grounds of adults with AS being unable to plan or undertake even a short journey without assistance (loss of focus/lack of sense of direction/unable to use public transport/unable to cross road safely (taking care to cite proximity of main roads to home address).

I do have a good success rate but I agree that lower rate is the most likely outcome and I have had to take decisions to appeal in order to gain the higher rate.

The moral is don't bank on it but - as always - state everything you can think of and emphasise the worst case; and of course, don't give up.

countrymusicfan

He can use public transport in Inverness, if he knows the times of the service and knows where it stops. He can't read the tables and gets very very upset if he is not there when it starts to get near time. He panics about missing the bus.

Spoke to some of the people at social work and they are pessimistic because David is very able according to them. But we do have someone who helps with benefits and I might talk to her.

Will talk to someone else at CAB and to his learning disability nurse on Monday.

lighton

Moggsy wrote: »

The criteria for the higher rate of mobility though, is if a person cannot walk or is unable to walk a certain distance adequately and not for severe disability. Being a danger to himself or others comes under the Care rate in most circumstances. Most people I know with autism only get the lower rate for mobility, regardless of the rate of Care awarded. I do know a few autistic children/adults who do get the higher rate of mobility, but they had to fight for it through appeal. My son couldn't get the higher rate of mobility, even though he is on the higher rate of care, because he can walk up to 800 metres slowly, even though he is unable to travel on public transport.

we did appeal for 18 months , we won in end .Its worth a try.

lighton

http://www.rightsnet.co.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=4933&mesg_id=4933&page=8

This is worth a read , it was the route we went down. When it says severe discomfort it doesnt say physical , it could be mental pain we dont know what goes on in their heads, and as alot of you know when you are out with an autistic child adult if they stop or refuse to move what can you do. Id advice anyone who gets low for an autistic child to fight for it.

lighton

Moggsy wrote: »

The criteria for the higher rate of mobility though, is if a person cannot walk or is unable to walk a certain distance adequately and not for severe disability. Being a danger to himself or others comes under the Care rate in most circumstances. Most people I know with autism only get the lower rate for mobility, regardless of the rate of Care awarded. I do know a few autistic children/adults who do get the higher rate of mobility, but they had to fight for it through appeal. My son couldn't get the higher rate of mobility, even though he is on the higher rate of care, because he can walk up to 800 metres slowly, even though he is unable to travel on public transport.

The high rate can be awarded for severe impairment.

QUOTE http://www.benefitsnow.co.uk/benefits/index2.asp

Severe impairment has been defined as an IQ of less than 55 but this has been disputed in other rulings.


A recent Appeal Court judgement has ruled that-

I conclude that whilst in every case the claimant's IQ as conventionally tested is likely to be the essential starting point for considering the impairment of intelligence, and whilst it is perfectly reasonable to take an IQ of 55 or less as the prima facie touchstone of severe impairment , that test and that score will not invariably prove decisive.Rather it should be recognised that an IQ result may give a misleading impression of the claimant's useful intelligenceand that in some cases at least an impairment of social functioning will shade into an impairment of intelligence. Tribunals and Commissioners will accordingly need to admit and consider evidence other than a mere IQ score.

(LORD JUSTICE SIMON BROWN: R(DLA) 1/00 (M (a child) v. Chief Adjudication Officer- emphasis added)
Extremely disruptivemeans behaviour which is so extreme that it requires you to be regularly restrained in order to prevent injury or damage.
The disruptive behaviour should be so unpredictable that it requires someone else to be watching over the person whenever they are awake If you apply for the higher rate under this criteria, the DWP will normally ask for a specialist's opinion before making a decision.

countrymusicfan

Talked to the social worker and his learning disabilities nurse. He is getting a life time DLA, but if I appeal, I might have to get that reviewed every 3 years. But she is going to get me to speak to the income maximizer at the council. Apparently she is there to help with forms like DLA. I know what difference it made when the school filled out his form. I wouldn't have gotten it, but when they filled it out, he did. Will let you know what happens.