DlA reduced to Lower Rate.

jmabnc

Happy New Year,just a quick update,I have started the appeal,got a letter saying if I dont hear hear anything within 11 weeks phone,my daughter has a right as much as any other person so I am going to see what happens I just dont understand this at all,I wish they would see her then they will know about her disability and her gait,I understand that this is going to be hard but at the end of the day she is my child and I know her needs,I would like to say Thanks to everyone for your advice,I wish you all the very best with your appeals. Thanks again.

[Deleted User]

jmabnc wrote: »

Happy New Year,just a quick update,I have started the appeal,got a letter saying if I dont hear hear anything within 11 weeks phone,my daughter has a right as much as any other person so I am going to see what happens I just dont understand this at all,I wish they would see her then they will know about her disability and her gait,I understand that this is going to be hard but at the end of the day she is my child and I know her needs,I would like to say Thanks to everyone for your advice,I wish you all the very best with your appeals. Thanks again.

Good luck I hope you get a result,be nice if you could let us know the outcome

jmabnc

woodbine wrote: »

Good luck I hope you get a result,be nice if you could let us know the outcome

Hi woodbine,many thanks for your concern,I hope I am doing the right thing,as I said before my child has mobility problems,she too wears her splint her walking is terrible,anyway we still have at least 9 weeks until we hear,if not the letter says phone them up,some people who need Dla dont get it others seem to get it no problems(no offence to anyone)nothing has changed with her disability,apart from her getting older and becoming more tired,fingers crossed it will be ok,if not I have a few people that help my daughter on daily basis that are more than willing to help if we need,Thanks again,I hope other people appealing will be fine and get the outcome they need........

Zziggi

Trasthmatic wrote: »

Just to clarify a point HRMC is not awarded for painful walking. HRMC is awarded if your are virtually unable to walk due to severe discomfort. Severe discomfort and pain were originally distingiushed by a Commissioners decision in 1998 (iirc) but has been revised a couple of times since then. Also the manner of walking, gait and speed are considered not just pain and distance.

This is new news to me. Can i ask please;

so "painful walking" doesn't equate to "virtually unable to walk"?

So if you are deemed to have "severe discomfort" then it doesn't matter if you CAN walk over 100m. Or could you get HRMC if you can walk over 100m but you get severe discomfort when you walk under 100m.

I always thought they always considered severe discomfort + distance + gait together before making a decision.

somebody_else

Zziggi wrote: »

This is new news to me. Can i ask please;

so "painful walking" doesn't equate to "virtually unable to walk"?

So if you are deemed to have "severe discomfort" then it doesn't matter if you CAN walk over 100m. Or could you get HRMC if you can walk over 100m but you get severe discomfort when you walk under 100m.

I always thought they always considered severe discomfort + distance + gait together before making a decision.

According to my most recent award, the decision to award HRM was made on
"You can walk:
*up to 30 metres
*very slowly
*in an extremely poor manner
You are unable or virtually unable to walk..."
So all three are taken into account (I think the poor manner is related to the fact that I tend to bounce off the walls when I'm inside and trip and stumble regularly).

I don't know if that information will help anyone.

Trasthmatic

If someone stated they had severe discomfort when walking but then stated they could walk in excess of 100m, I would expect them to struggle to qualify but it wouldnt be totally out of the question.
The distance, the manner, the speed and the gait are all considered when awarding HRMC.
To get the mobility component of Disability Living Allowance, your disability must be severe enough for you to have any of the following walking difficulties, even when wearing or using an aid or equipment you normally use:

• you are unable or virtually unable to walk, or you have no feet or legs
• you are assessed to be both 100% disabled because of loss of eyesight and not less than 80% disabled because of deafness and you need someone with you when you are out of doors
• you are severely mentally impaired with severe behavioural problems and qualify for the highest rate of care component (due to arrested development of the brain)
• the effort of walking could threaten your life or seriously affect your health

This link is pretty explanatory.
http://www.benefitsnow.co.uk/dmakers/virtuallyunable.asp

cher31e

Hey there,
i see we are all in the same boat when it comes to Autism.
My son is now 13, and boy can't you tell the differences in a teenager.
But a teenager who is Autistic,well that becomes a whole different thing.
I have recently asked for a renewel to my sons award,but got refused.
I have now asked for a Statement of Reasons.
But what on earth to do next is beyond me,i know i will probably appeal if i fail again.
But i am looking to his future, my son has a learning age of about 5 0r 6.
He is a very short memory,this is very hard for him if he goes into the kitchen to do something,walks out and totally forgets that he has left toast on!
This comes in many forms.
My son also is in no way shape or form able to go out for a walk by himself,not a chance.
Why can the DWP not see this, we live with this every day,the situation will not change,and we cannot fake it.
We have a diagnosis which i understand is something else we are lucky to have.
Are there any tips people can pass on if and most probably when i have to appeal.
At this rate(with all the fighting you have to do for your children,school help etc) i will be applying for DLA related to depression.
Thanks for reading
:A

qwertyuiop12345

parisjordana wrote: »

Im in the process of appealing as I know of children and adults who arnt as disabled as my son yet are on HRC and LRM and its a joke.

shazrobo wrote:

i have a friend who can walk, but suffers black outs, and claims hrmc, her son also gets it, and although, he has to wear special splints on his feet he too can walk for at least half an hour, before experiancing discomfort. am now wandering if my friend has made there conditions sound worse than they are wen filling in the forms?

It is worth remembering that knowing someone who gets a higher rate and appears less disabled doesn't make your case any more deserving. Just because a decision maker may have made a mistake in their case doesn't mean you deserve a similar mistake or will get one.

This isn't supposed to be a critisim of anyone here, it is just something I have noticed on quite a few messageboards and often leads to disappointment and anger. It is best not to compare your situation to anyone elses.

Having said that, good luck to anyone who is appealing or waiting for a decision.

munchings-n-crunchings

Hello cher31e,

I was in a very similar situation when applying for DLA for my 14 year old son.
As he is my second autistic child, I knew he should get LRM+ LRC, as his sibling, and I did say that to DWP
I took it all they way to tribunal, and came out with LRM+MRC.

At the tribunal the mobility question was 'If your son was left in a strange town, would he be able to find his way home?'
The tribunal quickly stated they had no doubt about his LRM entitlement.

I'm not sure what DWP think about independence for teenagers, but if the question is 'compared to a similar child without the disability' then a teenager should be able to make a sandwich, or make toast with butter and jam, my son couldn't, and yet he was still refused.

Don't worry about taking your case to tribunal. All panels will be different, but I found mine to be understanding, and asked lots of questions about I managed things, and also offered ideas and suggestions.

My son is now 18, and has changed to LRM HRC, and thankfully his renewal went thru without any hitches...ok my forms were late, but nobodies perfect,

Regards
Munchie

covlass

cher31e wrote: »

Hey there,
i see we are all in the same boat when it comes to Autism.
My son is now 13, and boy can't you tell the differences in a teenager.
But a teenager who is Autistic,well that becomes a whole different thing.
I have recently asked for a renewel to my sons award,but got refused.
I have now asked for a Statement of Reasons.
But what on earth to do next is beyond me,i know i will probably appeal if i fail again.
But i am looking to his future, my son has a learning age of about 5 0r 6.
He is a very short memory,this is very hard for him if he goes into the kitchen to do something,walks out and totally forgets that he has left toast on!
This comes in many forms.
My son also is in no way shape or form able to go out for a walk by himself,not a chance.
Why can the DWP not see this, we live with this every day,the situation will not change,and we cannot fake it.
We have a diagnosis which i understand is something else we are lucky to have.
Are there any tips people can pass on if and most probably when i have to appeal.
At this rate(with all the fighting you have to do for your children,school help etc) i will be applying for DLA related to depression.
Thanks for reading
:A

I am just awaiting my tribunal date my daughter has Autism, SLD, challenging behaviour, sensory intergration needs and hydrocephlus.

After the appeal was refused yet again I contacted the benefits agency who put me intouch with my local law centre. I recieved the copy of my daughters file and a form asking if i wished to appeal. You only have 14 days to return the form. I went through my DD file which was an eye opener, some statements made were not professionla and quite hurtful, which i have highlighted. I then wrote a letter stating as to why I think my DD should be awarded the claim. i sent this along with the form with copies of mendicle evidence which I had sent but was not included in my DD file, I also sent a copy to the law centre.

The Autistic spectrum scale is so complexed and each child is so different as you know. I looked at the criteria for DLA for children and added as much information and examples as possible. Check and double check what they state in your claim. They said my DD may need guidence when out side. A 13 year old child should be able to walk to for example the corner shop and back with out getting lost and with using the roads saftley. My 13 year old would not know how to get there never mind get back, would run across the road, have a sensory over load, and be a danger to her self and others. It's hard enough filling out the forms but to have to go through it all again :mad:
Good luck