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Dla refusal ?????

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hi,
my sons claim went in at the begining of august, he has idiopathic generalised epilepsy and is on 900mg epillim chrono per day, dla contacted his consultant by letter and consultant returned it that day all filled out, over 1 week later dla said still not received it and said the consultant can fax it over again, he had not kept a copy so had to do another one, unfortunatly he did not fill it with as much detail, dla did eventually get both reports, but made decision on the latter one, dla have sent both copies 1st one states, unpredictable seizures many absences un recorded probably has events daily. 2nd report has had 1 generalised seizure in may 09.
the seizure in may 09 was an admission to hospital due to length of seizure (1 hour). she did not state on this last report his small daily seizures, the refusal was due to child only had 1 seizure......
this is not the case, i have asked them to relook at the case and they have asked for more info from me.
any advice on how to present this?????
thanks...:mad:

Comments

  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    You need to ask the specialist to clarify their information. If a specialist sends two reports, the DM will look at the second one, as it makes sense that that one has the most up to date information. Therefore the specialist needs to write and explain why the reports differed, and then clarify exactly what effects the condition has on your son.

    You should be aware that DLA is not about the condition or medication, but rather the care and mobility needs of the claimant. If the claimant is a child, you need to demonstrate that their needs must be more than that of a healthy child of the same age.
    Gone ... or have I?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    dmg24 wrote: »

    You should be aware that DLA is not about the condition or medication, but rather the care and mobility needs of the claimant. If the claimant is a child, you need to demonstrate that their needs must be more than that of a healthy child of the same age.


    This is very important. My friend's teenage daughter developed sudden onset epilepsy out of the blue and did not respond to medication. She was fitting several times a day and during the night. She gets no warning of her fits and can literally drop to the floor in the middle of a sentence. She has fitted in the bath, when crossing a busy road, by the canal, on the local bus, on the stairs (to name but a few places). Her specialist advised that she must never be left alone, day or night, and confirmed this on her DLA form. She got High Rate Care because her care needs are higher than those of a normal teenager of her age.

    So if the specialist can give an indication of how the condition affects the child in terms of supervision and care needed, this might help the claim.
    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.
  • black_paw
    black_paw Posts: 1,791 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    the above says it all ..good luck and maybe get cab to help you ?
    the truth is out there ... on these pages !!
    <3
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