got turned down for dla for son

cidergirl

sent in claim for son with adhd i think it was the schools report was rubbish . it makes me mad because if i dont give him his tablet they ring me up and send him home . he is so hard work all the time wat can i do now ?

mspig

Appeal against the decision - one of my sons got turned down twice and took months to sort out, but they did backdate the money when he got it.

di3004

cidergirl wrote: »

sent in claim for son with adhd i think it was the schools report was rubbish . it makes me mad because if i dont give him his tablet they ring me up and send him home . he is so hard work all the time wat can i do now ?

Hi there

If this is the first claim, ask if they can reconsider and try to send in extra information with your reconsideration request.

I know its disheartening, but if you reconsider, appeal etc and then successful this will then be backdated to the usual date you first applied.

We fought for my son, he is now 14, we did actually end up going to a tribunal, then won.
He is on High rate care and low rate mobility, so it can be done.;)

My son has Aspergers syndrome, complexed needs, anxiety disorder and learning difficulties, but as you know the DLA does not actually go by a diagnoses, because it is known that they can still be able even with a diagnosis.

What people forget to add in these forms is the amount of time spent giving that personal care and attention to that one your claiming for.
As you have to be watching over them, sometimes the school's do not make things clear on these forms, where they make it look as if there are no problems, if this was part of thr reason, then you can ask them to exclude this information and ask maybe a good friend of the family who knows you all well to write a support letter for you, or even a family member.
Afterall they will be aware of more personal issues than the school will in my opinion.

In my case, my son does not sleep in the nights, awake mainly by 4am and awake by 7am, as much as we have all tried even his specialists with all sorts of remedies, and diets etc.
He also has a thing about electrics and water......:eek: there was a time he blown the electrics due to anxiety, thankfully we have had all these safeguarded now and a good trip switch.

He has to be watched both day and night, he has no independence, and crossing a road he has not got a clue.
He still requires help with dressing, laces washing, brushing his teeth, he cannot go out alone.
So lots of personal care and attention are required both day and night.

He is now also home educated, as this was thought best, as he used to disappear from classes at school, because again of his anxieties, where the police were called as well..due to his well being and so....
Sorry for going on but giving you some examples of why we believe his DLA was eventually awarded.

Don't know if you know the reasons why your son was turned down but you are allowed to ask, when you know this information you can work on that and find out what went wrong and rectify this, also as I have given above about the time that goes into it.

My son has asthma as well, quite bad, has steroids everything but he is not awarded for that, although it comes into it with the attention he requires for all his issues.

So remember its not a diagnosis as such but what as above with personal care attention and watching over and how long.

Give them a call to ask if they can reconsider and they should be able to do this, also ask if your able to supply them with further information, good luck and here below is some info, please keep us posted.;)
http://www.nhs.uk/CarersDirect/moneyandlegal/disabilitybenefits/Pages/DLAandAAchallenges.aspx

I "think" you have a month from the decision date to request for a reconsideration.;)

Sorry this is so long.

di3004

On the link I posted above, came across this.;)


One of the ways to challenge a decision is to ask the DWP to look at the decision again. The other is to appeal to an appeal tribunal.

When the person you're looking after asks the Department of Work and Pensions (DWP) to reconsider a decision, a decision-maker can ask the person you look after to attend a medical examination and use the medical report from this to help them to come to a new decision.

You don't have to explain your case in person. The decision-maker will base their decision on any forms you have completed, reports from any medicals you have attended, and any letters or other documents you have sent. The decision-maker can ask you to attend a medical examination if you ask them to look at their decision again.

When reconsidering a decision, a decision-maker within the DWP will examine all the case papers. The case papers are the forms the person you're looking after has completed, reports from any medicals they have attended, and any letters or other documents they have sent. Having looked at the case papers, the decision-maker will see if they can come to a different decision. They will inform the person you're looking after of the outcome.

If they have been refused a benefit, they will need to send in more evidence to show why they think they're entitled to benefit. It's worth getting someone to help them challenge the decision.

If they have been refused a benefit then they have one month to ask the DWP to look at the decision again. If the DWP agrees that they're entitled to the benefit, they will be paid it from the day that they first asked for it.
If the person you look after is already getting some Disability Living Allowance (DLA) or Attendance Allowance, and he or she asks the DWP to look at the decision again, the decision-maker can remove a component of DLA as well as award one. It can also decide to pay a lower rate of a component as well as increasing the amount it pays. You should seek advice if you're worried about this.

The person you're looking after can ask the DWP to look at a decision again at any time if they want to dispute the level of benefit they're already receiving. For instance, if you're getting the lowest rate of the care component of DLA and you believe you might be entitled to the middle rate. However, you will only be paid at a higher rate from the date that you asked them to look at the decision again.

If a decision has been made on your claim and it was based on an official error, then the decision can be looked at again at any time. If the benefit is awarded, it will be paid from the date of the original claim.

covlass

Here is what was quoted in a reply to a letter I wrote prior to tribunal, this is direct from Pension, disability & carers service a part of DWP this may give you some help. We won the appeal

"It may help if I explainthat DLA is paid as a contribution towards the extra costs of severly disabled people. To help focus the benfit on people who are likely to have the highest disability-related extra costs, entitlement to the benefit is based on the effects of disability rather than on specific disabilities or medicle conditions. Hence, the car component of DLA is a vailable to mentally or physically disabled people who are so severely disabled that they require personal care, supervision or watching over by another person. Simialry, the DLA lower rate mobility component is available to mentally or physically disabled people who require guidence or supervision from another person in order to avoid substantial danger to themselves or others when walking out of doors on unfamiliar routes. The DLA highre rate mobility component on the other hand is primarily focused on people who are physically unable, or virtually unable, to walk because they are likely to have significant disabillity-related extra costs.

The severe mental impairment provision was designed to provide additional help for people who have considerable disadvantage of being so severley disabled rlaitively early in life and who may face restricted opportunities to work and save. It was specifically introduced to help those who have congenitally arrested or incomplete development of the brain, in recognition of the extreme and exceptional nature of thier condition. This group of severely disabled people will be disadvantage throughout their lives, whereas, in many cases, those with degenerative diseases of the brain such as Picks disease will have previously had fulfilling lives with oppertunities to work, earn and save.

The term 'severe mantal impairment' means very limited intelligence and impaired socail functioning, so that the person in unlikely ever to acquire more than the most basic life skills such as washing, feeding, using toilet-many will not achieve even this level. The servere behavioural problems include, requent and extreme displays of aggression, destructiveness, hyperactivity or self-inury, but make take other forms. Foe a person to qualify under this provision the pattern of behaviour must be such as that some one must always be on hand to intervene at any time.

The lower rate of mobility component was designed to help people who are able to walk, but who have severe disability which means they cannot walk about out of doors on unfamiliar routes unless they are guded or supervised by someone else"

Latasha

I would ask for a different decision makertolook at it i am going through this at the moment i have twin daughters who have adhd and odd i put a claim in last year and got refused so i just left it but themental health centre and the school said that i should re-apply which i did. One of my daughters has morre problems than the other but she was refused where as the other got middle rate dla, so at the moment the school is putting together a report because she ends up having about five different teachers a week, definately ask for a different desision maker to look at it before taking it to appeal.

di3004

Latasha wrote: »

I would ask for a different decision makertolook at it i am going through this at the moment i have twin daughters who have adhd and odd i put a claim in last year and got refused so i just left it but themental health centre and the school said that i should re-apply which i did. One of my daughters has morre problems than the other but she was refused where as the other got middle rate dla, so at the moment the school is putting together a report because she ends up having about five different teachers a week, definately ask for a different desision maker to look at it before taking it to appeal.

Good luck Latasha,

I know its a battle, but I'm sure you will eventually get there, fingers crossed.;)
The same thing happened with me as well, but like yourself I fought this and then finally successful for my son.

Please keep us posted, cheers.;)