DLA / AA Decision Maker - CLOSED - REFERENCE ONLY

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  • Tran
    Tran Posts: 110 Forumite
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    I also want to say thanks to Thanatos (the Freudian death instinct?!?) for all his/her help.

    I have a question. My son has received HRC from being 18 months old and HRC & HRM since turning 5. Previously we have always filled the forms in thoroughally, got a report from his (v. supportive) health visitor, send photocopies of consultant letters and asked the GP to fill in the page at the back of the form.

    His DLA is up for renewal and he is now school aged. His condition has not changed, if anything it has become more difficult for him on a day-to-day basis as the gap between his behaviour/abilities and other of his age are more apparent. I forsee problems with his DLA not because his condition has improved but because i can't see me being able to get decent evidence. Our supportive GP has reitred and the current GP is vaguely supportive but much more reluctant to sign forms/give supporting letters. My son no longer has a supportive health visitor as he is over 5 years of age. The school nurse has seen him once and was completely useless - so no point asking her for help. I still have consultants letters that are up to date. What concerns me most is that now he is school age, the DLA people will contact his school. I am having major issues with his school, especially the so-called SENCO as they/she refuses to really acknowledge his difficulties, he gets no classroom support, he is not statemented and they say he doesn't need any help during the day. This is simply not the case and i am in the middle of taking this up with the school as he has a horrible time at school, comes home in a mess and is unable to interact sufficiently with the others kids but because he doesn't kick off at teachers, they ignore the problem. He does have 2 different kinds of outside agencies come into school to assess him but the school never follow the course of "treatment" they are supposed to be following. This is another concern i am currently dealing with at the school. So my problem is, is that if the DLA people contact the school, they will not give a favourable report - especially if it goes to the SENCO. I worry this would be seriously detrimental to his DLA. Plus i find it quite intrusive that the school needs to know i get DLA for my son. What business is it of theirs anyway? GPs, hospital, Health visitor etc then i can understand but i have real issues with the school being asked for information from a confidentiality point of view and also because i don't think the school would be supportive.

    What do you suggest i do about it? Could i just not give the school's name & address on the DLA forms? Could i ask the DLA people to NOT contact the school?

    Any advice from a DLA profesional would be gratefully received.
  • Thanatos
    Thanatos Posts: 882 Forumite
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    D&DD wrote: »
    Hi Thanatos I gave the DLA a quick ring with regards to my sons award date,I spoke to an 'explainer' person and was told that although I phoned and made them aware in March my son had deteriorated I only actually told them officially by sending in the renewal form in September, hence the weird dates.
    They have a 3 month delay (as you said earlier) from being informed so the dates work out right..
    Reason I never had time to officially tell them earlier in writing was my Autistic son had a breakdown at the age of 9 and needed emergency care! I don't lead a dull life lol..
    Thanks again for your help at least I know its right now :D

    Erm... thats still not right. The three months goes from when his condition existed / got worse, not from when you informed them. So in this case, March was when he got worse = June the 3 moth qualifying period is up. Now fair enough, you didnt do the forms until Septmeber, but as the 3 month period was fulfilled in June, the increase in award should have taken effect from the day the form was recieved not from 3 months after it was recieved.
    I suggest phoning them again and confirming with them then the qualifying period goes from the date the increase in needs took place. Sorry - thats probably not what you wanted to hear...
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    First Anniversary Combo Breaker
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    Thanatos, you have a wife and kids..... go to bed :A
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanatos
    Thanatos Posts: 882 Forumite
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    Tran wrote: »
    I also want to say thanks to Thanatos (the Freudian death instinct?!?) for all his/her help.

    I have a question. My son has received HRC from being 18 months old and HRC & HRM since turning 5. Previously we have always filled the forms in thoroughally, got a report from his (v. supportive) health visitor, send photocopies of consultant letters and asked the GP to fill in the page at the back of the form.

    His DLA is up for renewal and he is now school aged. His condition has not changed, if anything it has become more difficult for him on a day-to-day basis as the gap between his behaviour/abilities and other of his age are more apparent. I forsee problems with his DLA not because his condition has improved but because i can't see me being able to get decent evidence. Our supportive GP has reitred and the current GP is vaguely supportive but much more reluctant to sign forms/give supporting letters. My son no longer has a supportive health visitor as he is over 5 years of age. The school nurse has seen him once and was completely useless - so no point asking her for help. I still have consultants letters that are up to date. What concerns me most is that now he is school age, the DLA people will contact his school. I am having major issues with his school, especially the so-called SENCO as they/she refuses to really acknowledge his difficulties, he gets no classroom support, he is not statemented and they say he doesn't need any help during the day. This is simply not the case and i am in the middle of taking this up with the school as he has a horrible time at school, comes home in a mess and is unable to interact sufficiently with the others kids but because he doesn't kick off at teachers, they ignore the problem. He does have 2 different kinds of outside agencies come into school to assess him but the school never follow the course of "treatment" they are supposed to be following. This is another concern i am currently dealing with at the school. So my problem is, is that if the DLA people contact the school, they will not give a favourable report - especially if it goes to the SENCO. I worry this would be seriously detrimental to his DLA. Plus i find it quite intrusive that the school needs to know i get DLA for my son. What business is it of theirs anyway? GPs, hospital, Health visitor etc then i can understand but i have real issues with the school being asked for information from a confidentiality point of view and also because i don't think the school would be supportive.

    What do you suggest i do about it? Could i just not give the school's name & address on the DLA forms? Could i ask the DLA people to NOT contact the school?

    Any advice from a DLA profesional would be gratefully received.

    We can only approach people we have your signed consent to approach. Just after the bit in the claim pack where it asks for who you see about the condition you sign the form giving consent for us to approach the people you listed. If you dont list the school, we are not allowed to approach them (you dont have to ask us not to, just dont put the details down.)

    You then have two possibilities, either the Decision maker will write out to someone else you have listed (or just use and consultant letters you included with the claim pack), or they will write to you on a DBD33 form asking for details and permission to approach the school. You are 100% allowed to refuse to do this, however its not the ideal outcome, so i would explain that you have recently had problems with the school as you dont feel they are providing adequet care for your son. Do not mention the school dont think he needs any, just that you disagree with what they are providing.

    If at this point the DM decideds the consultant info is not enough, chances are it will result in an EMP (Examining Medical Professional) being sent out. This at least should provide you with an independent assesement, rather than a potentially biased school report.
  • Thanatos
    Thanatos Posts: 882 Forumite
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    Thanatos, you have a wife and kids..... go to bed :A


    On my way now - being a "Money Saving Expert" I refuse to turn the heating on, so the wifes upstairs warming up the bed for me :D


    Night all ;)
  • Tran
    Tran Posts: 110 Forumite
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    Thanatos wrote: »
    We can only approach people we have your signed consent to approach. Just after the bit in the claim pack where it asks for who you see about the condition you sign the form giving consent for us to approach the people you listed. If you dont list the school, we are not allowed to approach them (you dont have to ask us not to, just dont put the details down.)

    You then have two possibilities, either the Decision maker will write out to someone else you have listed (or just use and consultant letters you included with the claim pack), or they will write to you on a DBD33 form asking for details and permission to approach the school. You are 100% allowed to refuse to do this, however its not the ideal outcome, so i would explain that you have recently had problems with the school as you dont feel they are providing adequet care for your son. Do not mention the school dont think he needs any, just that you disagree with what they are providing.

    If at this point the DM decideds the consultant info is not enough, chances are it will result in an EMP (Examining Medical Professional) being sent out. This at least should provide you with an independent assesement, rather than a potentially biased school report.

    Thank you VERY much Thanatos - not least for a speedy response. This has settled my mind at rest somewhat - although I'd rather get the problems with the school resolved, get support in place and then just let the DLA contact the school but in the timescale i won't happen.

    Thanks again, it's much appreciated!!
  • Jazzy_B
    Jazzy_B Posts: 1,810 Forumite
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    Just a quick thank you to Thanatos, for a reply to a PM. After putting it off for months, you've encouraged me to make a claim for DLA. I know I might not be entitled, but just asking for a claim form has been a huge hurdle for me.
  • mandyjayne
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    Hi Thanatos..do you happen to know anything about Incapacity Benefit reconsiderations? I am having one hell of a time with these people!
  • Thanatos
    Thanatos Posts: 882 Forumite
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    mandyjayne wrote: »
    Hi Thanatos..do you happen to know anything about Incapacity Benefit reconsiderations? I am having one hell of a time with these people!

    Sorry, not a clue about IB claims other than they involve a medical assesment and are based on a points sytem.

    We get hold of the IB85 reports (the report from the IB doctors examination) as it helps us with our own decisions, but as to what qualifys you for IB - not a clue :D
  • Sueinbirmingham
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    Hi

    You've mentioned consultants' letters. Is there anything to gain by getting my consultant to write me a letter to send in with my application rather than letting the decision maker approach the consultant?
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