DLA Appeal help

covlass

Does any know how long an appeal should take ? My daughters renewal was sent back April recieved back in July they had lowered mobility so I appealed over the phone then recieved a letter say it will stay at the lower rate. I filled in forms and appealed which they recieved at end of August. I have had no response from them in writting at all. I spoke to my daughters specialist who says that they have made NO contact with her at all even though I requested they do. I called them on 25 Nov to be told once again it is being delt with then today I called to ask for a name of who is dealing with the claim as requested by my daughets specialist to be told it was handed to a medical officer on 26 Nov.
What will happen next?
How do the oral appeals come to a decision when its a child? Also will my daughter need to attend ( I know that is a daft ?) But as she has Autism she will not be able to handle sitting still whay I answer question

Any help or advise would be fantastic

Jake'sGran

I have always found that putting things in writing always gets a response. Phone calls often just don't work. I know they record them but something in writing has to be responded to. Re the appeal - I expect they might want to see your daughter. I know autism is awful and a great strain on parents but perhaps they need to see how bad she is. Does she go to school and have special needs teaching?

munchings-n-crunchings

Hello Covlass,
If you are at the stage where you have requested to have an oral appeal, there is often a lengthy delay due to volume, and getting all the panel members together.
The appeals office, separate from the DWP, will send you a copy of all the evidence that you have submitted in support of your claim. You will have plenty of time to go thru this, and see if there is anything you have left out. If you have anymore reports that you feel could add to your case, you can send them to the appeals office, and they will add them to the file, so your panel can read them in advance. Ask your daughter's specialist to write an up to date report, and include daytime and nighttime care needs, and specifically for you, mobility. Look at what the criteria for HRM, and see if your daughter meets that criteria...Have a look at Thanatos's sticky note on the first page, there are notes about the criteria and children. No questions can be answered on there at present.
The appeal letter that you will initially be sent will give you the option to say any times when you cannot attend, and also if you can attend at short notice, which obviously can open up more opportunities.

Don't be worried about the appeal panel. In my experience, they thoroughly explain the process, and ask lots of questions so they have a clear picture of how the autism affects your child, and you have about 10 minutes to put your case. Have your points listed, and why you believe the DWP decision is wrong, and keep to the point, try not to deviate.
I went in saying I believed my son, 14 with Aspergers Syndrome, should be entitled to LRC + LRM, and came out with MRC + LRM. So from being refused anything at all, I ended up with more than I had originally expected. When I opened with my point about his mobility, they explained his need was not in question for entitlement, and moved me on to the next point.

You can take your child with you, but the panel member should have a good idea about their needs without her being there, and it will affect your ability to concentrate on the task in hand, which is putting your case.
So my advice, would be to leave your child with a carer. Which is what I did with my son.
Biggest advice of all...attend.
More appeals are successful if you attend, than if you have a paper appeal.

Good Luck.

parisjordana

good luck Im at the same stage as you......

munchings-n-crunchings

I'd just like to add a useful website, that may be of interest to anyone looking at this page.
It's the benefits now website, on the left hand side under the 'Information' header is an option for 'Appeals Process' select this, and then from the next page, click on 'Independent Tribunal' for lots of information about the tribunal process.
Also on this website you can read the 'Disability Handbook' and 'Decision Makers Guide' All will help with understanding the system.

http://www.benefitsnow.co.uk

munchie xx

nanokitten

covlass, I really think that you should get some independant representation, appeals are a complex legal process based on benefit law and case law and you will stand a much better chance (and things will be much less stressful) with professional to support you.

You wouldn't go to court without a solicitor and the benefit process is no different (tho in this case a benefits advisor).

The CAB, DIAL, local charities etc will provide you with a benefits advisor trainined in benefit law who will be able to make sure you have all the evidence needed in place and will be able to make proper legal arguements.
This will prevent you making basic mistakes (like calling the DWP rather than putting things in writing as you have no proof of what was said and calls are often not recorded).

I can't beive people go to appeal alone, I would never have managed my appeal alone dispite being an educatued and articulate person as I hadn't a clue about all the techical arguments and case law. Plus my advisor did all the paperwork and provided much needed emotional support.

[Deleted User]

Call your local Welfare Right unit, they will help you!!

di3004

Hi there folks

I am new to this actual thread, but a regular poster on the reclaiming sites.;)

I have 2 sons one with a form of Autism, many may class it as ASD, he is 13 years old and has Aspergers Syndrome, suffers high level of anxiety.

When applying at first for DLA, it was turned down, I believe he was entitled to this due to the fact of the personal care and help I give him compared to other children of the same age without disabilities.

We appealed his case, then went onto tribunal, he was finally awarded low rates on both care and mobility.
However due to my son not being a sleeper where he has many times got up to mischief, many told me he should be on at least middle rate care.

So a month after he was awarded as I believe you have to wait at least a month before you can do this, I requested for a reassessment/review, to my surprise they had then awarded him High rate care and kept the low rate mobility.

Keep at them is what I say, and if you have to attend a tribunal be upfront with them is my advice, and do not let them tell you what is what, only you know your child better than anyone.;)

parisjordana

Hi di3004 did you ask for a review after it had all been to appeal and decided if so thats interesting to know as I will be at your stage very soon.......

zzzLazyDaisy

Just to say - don't wait for DLA to contact the medical adviser(s).

Get your own reports from any professional who can make a helpful input and send them in to DLA yourself (this may include Specialist, GP, social worker, OT, carer, physio etc). Remember to write the name of the claimant and the reference / NI number on the actual report and keep a copy in case it goes missing.

I did this for my son and his appeal was treated as a review and upheld without going out to tribunal.

di3004

parisjordana wrote: »

Hi di3004 did you ask for a review after it had all been to appeal and decided if so thats interesting to know as I will be at your stage very soon.......

Hiya hun.;)
The tribunal was at the end of last September 2007, we waited 2 days for the decision although some know straight away,
So I waited just over a full month after him being awarded, before requesting for a supersession/review.

Good luck hun, will keep is all crossed for you.;)

Di
x