DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

Thanatos

Elisexxx wrote: »

Hi Thanatos, i would firstly like to thank you so much for this thread and giving up your time to answer peoples queries.

My son was diagnosed with asd at the age of 3 and is now 6, hes now in mainstream school with a statement of special needs and is currently recieving higher care which is to be renewed next year.
We got turned down for the mobility side because he was under 5 when we claimed which i understand, but i know that you can reapply at the age of 5. I was put off to reapplie for mobility when my son turned 5 because i was told that they could look at all of my sons award and he could have his current award for care removed or changed?
Well i decided to wait untill its renewed next year, my son is very over sensitive to noise and traffic, so when were walking to school and out and about, if a fast car etc goes past he gets upset and needs to be calmed before continueing are journey, he also dosnt like public transport etc (which we have to use due to not driving).

Does this sound like my son might be entitled to lower rate mobility, or do you think that we shouldnt bother?

Its just i find the dla forms stressful enough and dont want to apply for mobility aswell if theres no chance of geting it.

Hope that i have made some sense. Thank you so much.

Hi ya! It's such a shame when people are put off claiming because they are scared to lose the award they already have... its something the department are very aware of, but I kida think they are stuck between a rock and a hard place, as they have to give out that warning when people ask to have an award looked at again to let people know what it can mean, but at the same time risk stopping them claiming the correct level of benefit. I cant see a solution to the problem myself, but know they are always working on these sort of problems...

Regarding your case, I would say you are right to think lower mobility may need to be considered, but as usual I have to say I cant offer you 100% reassurance that nothing else will be changed. That said, what I can offer as way of reassurance is that if the care needs have not changed, there is no reason to think the care would be altered. We would also require substantial evidence proving that the previous award was wrong before we would even consider revising a previously made award.

Hope this reassures you!

Thanatos

trekkiemo wrote: »

Hi I was awarded lrc on renewal ,I was on hrc and hrm I disagreed with award and I went to appeal trbunual .I won my appeal and was awarded hrc and hrm. My question is how long does it take the DLA to start paying me my correct award and backdated money owed?

Hmm, I would estimate it will turn up by the next post....

trekkiemo wrote: »

WOW, Just an update I got letters from DLA today 14 days after tribunual backdated money they owed me paid into my bank by 11/10/08. I thought it would take longer .Well done DLA.

Yay! :T

anneliza

Hi Thanatos

That is exactly what I meant, I would not expect the allowance to be backdated. It is my own fault.

Thank you for your prompt reply.

anneliza

Thanatos

sharon59 wrote: »

L have fibromyalgia,lymphodema in both arms following breast cancer, and a prolapsed disc in my back-just get the gun!!!!I have been on LRC /LRM for a while.Currently my back has wosrened -walking is painful every step and can hardly get about/bend/lift.Also my fibro has seemed to be worse alongside this-which gp told me tonight does happen.Dont want to exploit system in any way but wonder if l might be entitled to MRM at least whilst this so bad-changed and increased meds today by gp/awaiting seeing surgeon although gp feels disc operation may not ease back pain symptoms so not keen for me to go down that route.
would be grateful for your honest advice as dont want to lose current award and also do l ask for a review or ? and does it mean the dreaded pages of forms!
sorry for waffle!no urgrency to reply!
much appreciated your input here

Hi No such thing as MRM - did you mean MRC? From what you say, I would suggest asking for the claim to be looked at again - the increase of strength of medication is normally a sign the GP thinks your circumstances have changed for the worse, so logically there should be no reason to fear your current award being revoked. (Insert the usual disclaimer about that facy I cant promise that though!)

Read the response a couple of replies up about supersessions and worrying about current awards being revoked - it applies in your case too

Good luck should you decide to make the claim!

Elisexxx

Thanatos wrote: »

We would also require substantial evidence proving that the previous award was wrong before we would even consider revising a previously made award.

Hi, thankyou very much for answering my question. I just not sure that i understand this part though, when i renew my sons claim next year, if i claim for mobility for him as well, will this be a new claim for mobility or will they see it as a revised claim from when i claimed for mobility back in 2005?

suzi-blue

Thanatos wrote: »

Just cross through the mobility part of the form and right "no change" and the DM can just look at the last claimpack you submitted if they want more details.

I did this (wrote no change) on my brother-in-laws form and he was awarded a lower rate!! I appealed it though and got it reinstated back to previous award.

He has a genetic condition (Neurofibromatosis) that results in him having learning difficulties amongst other things and Scoliosis (which the consultant has said is no longer a threat to him so he doesn't need to attend the orthopaedics dept again) and when he turned 16 in January this year he was told he was no longer under the care of the hospital (childrens outpatients) for his genetic condition - and they don't do adult clinics for this the hospital said (a 6 monthly check up weight, height etc and no medication). So when he has to claim DLA again (awarded for 2 years from 16th birthday) he will have no consultants to put in the part where they ask. He doesn't attend his own GP for his condition either.

Anyways thanks for your help to the other posters - has made interesting reading indeed.

:A :T

Thanatos

Elisexxx wrote: »

Hi, thankyou very much for answering my question. I just not sure that i understand this part though, when i renew my sons claim next year, if i claim for mobility for him as well, will this be a new claim for mobility or will they see it as a revised claim from when i claimed for mobility back in 2005?

If the 2005 claim is still running, then its a review of that claim. Mobility and care are not seperate benefits, so if you were awarded care and no mobility in 2005 and the care is still running, asking for them to look into mobility will be looking at the whole claim.

Thanatos

suzi-blue wrote: »

I did this (wrote no change) on my brother-in-laws form and he was awarded a lower rate!! I appealed it though and got it reinstated back to previous award.

He has a genetic condition (Neurofibromatosis) that results in him having learning difficulties amongst other things and Scoliosis (which the consultant has said is no longer a threat to him so he doesn't need to attend the orthopaedics dept again) and when he turned 16 in January this year he was told he was no longer under the care of the hospital (childrens outpatients) for his genetic condition - and they don't do adult clinics for this the hospital said (a 6 monthly check up weight, height etc and no medication). So when he has to claim DLA again (awarded for 2 years from 16th birthday) he will have no consultants to put in the part where they ask. He doesn't attend his own GP for his condition either.

Anyways thanks for your help to the other posters - has made interesting reading indeed.

:A :T

Hi,
Yes putting no change is not a guarantee they wont look at it again, its just easier than filling in that part again if there is no change... plus, if its accepted there has been no change since last time, there is less chance of anything changing.

Regarding the prediciment of no consultant, the GP should still be aware of the condition from his medical records from the hospital - if worried, take him into the GP for a checkup before the claim is due to make sure your GP has an up to date view of the situation

TheWhiteButterfly

hi thanatos
did post in my other post to save u with all this here but have just thought its better here, so gonna quote what you said then my reply, sorry to keep bothering you

Originally Posted by Thanatos
I am going to jump in here and make an important point about crutch usage...


When it comes to crutches there is a big difference of your style of using them. We consider there to be two styles:

Assisted walking and swinging through.

It you use you crutches to assist walking, we count it as an aid to walking and the distance you can walk with the crutches is taken into account.

If you swing through then the distance with the crutches is not counted (as you are not really walking)

Complicated huh! So here's a patented Thanatos Example(TM)::D

Man with amputated left leg and no use of a prosthetic - swings through on crutches and can "walk" 500 meteres. We wouldnt count this, as what he is doing is not walking, its swinging through. He would still qualify for HR mobility because taking those crutches away would render him totally unable to walk.

Man with arthritis uses crutches to assist his walking 120 yards and without them can walk just 50 yards- under distance rules he technically would not qualify as the crutches are a reasonable adjustment to aid his walking. (e.g. he is not totally dependent on them, but the help rather than act as a replacement for his legs)


Obviously in the second example, he might qualify under gait or manner or something, but I am trying to make a point here

Hope that explains the difference

thanks thanatos totally understand what you mean, when i first lost the use of my legs after the wheelchair bit i swung, jesus my hands were wrecked through the pressure ended up having to cusion them with socks lol, i have now taught myself to walk with them so left leg forward then right or vice versa, i use my hips to guide me to walk might sound a bit wierd but i can do it but do have a few problems with falling or my hips not taking anymore, since my last fall 2 weeks ago i walk a bit funny now almost going to the side, have got an x ray this week so should know whats up with my hips, anyway to your last bit guy can walk 120 yards with crutches 50 without, in my case no crutches no walking, i cant stand or walk without the crutches, think thats why physios say i cannot walk at all, so confused at whether im classed at walking lol? was at doctors today and dr did a few tests one he did was me stood up with crutches he was behind me and told me to close my eyes, so i did and i fell backwards was a very strange feeling i was not in control and paniced, he did catch me tho by the way lol, was gonna post in your big thread but might aswell ask here now, i have been diagnosed conversion disorder but my dr this morning doesnt agree with this diagnosis he thinks they have missed something and wants more tests doing i have to go hospital this week for more bloods to be taken and then after god knows what, but what do i do regarding dla i have said conversion disorder cos thats what i was diagnosed they are 15 weeks into doing my claim not getting letters from such and such people so still waiting to be awarded/not awarded, so do i phone them again and say it may not be conversion disorder? cos i really dont want to mess dla around, i spose if i think about it as far as i know and other people i have conversion disorder until i know different, just dont know what to do, poor dla they must think about me and curse lol

Ali_Love

Hi Thanatos

Wondered if you can help me. My son has been diagnosed with Aspergers Syndrome and I applied for DLA in June of this year. I thought I had filled in the form quite well. DLA wrote to the school for a report which I believe they basically said he had no problem. I have had a problem with the school for the last 6 years and had to above their head to get an additional needs assessment carried out which identified he did have additional support needs.

Anyway, based on the school report I think, I was refused DLA. I have since requested a reconsideration of decision and have now submitted, GP Letter, Diagnosis Report, Letter I sent to authorities seek additional support, report from NHS Child & Family Clinic where son has attended for 3 years, report from Integrated Childrens Services where he gets support for social interaction, individual education plan and also a letter from me giving further detail to the answers to the questions on the original application. I have also asked them to reconsider the school report in light of the additional paperwork and evidence.

Given the above, do you think the decision will be turned around ?

Many thanks for any help

Alison