DLA Appeal?

nikolahol1

Hi there, Im not sure if i am posting this in the right place so please forgive me if i have! im new here!

Anyway, my son is 5 and a half and is currently on high rate care DLA, we have just been awarded low rate DLA mobility. I phoned to see if we could make an appeal to get high rate mobility, Although my son can walk, he has trouble sometimes with his asthma, runs away on main roads, climbs over seats on public transport to the point we have been put off 3 buses, so my social worker had advised us to try for high rate mobility to see if we could get a mobility car for him. However when I called the DLA department they said that there was reasons to why he did not get high rate mobility and said we could not appeal against these. Is this correct?? It was to look at the fact that he is strapped in a car, he isnt on a bus, he is safer in a car, than on pavements when he could run out at every given oppertunity and his asthma plays up so we have to get taxis everywhere which still isnt too safe as he is not required by law to have a car seat in a taxi!

I was wondering if anyone has any information on appealing and whither they thought we had grounds to appeal? and is it right if they have made up their minds is that it or do you still have legal right to appeal? was considering contacting welfare rights or cisizens advice but was wondering if there was much point if nothing is going to change?

Any help would be much appreciated

thanks

Nikola x

shegar

Well I wouldnt have thought he would qualify for HRM , because you have stated that he " run away from you".

If he has severe motobilty problems he wouldnt be able to hardly walk let alone run, if I were you I wouldnt apply for this award, simply because he hasnt got severe motobilty problems . Perhaps someone will come along shortly and agree that you should apply with different reasons.

Indie_Kid

shegar wrote: »

Well I wouldnt have thought he would qualify for HRM , because you have stated that he " run away from you".

If he has severe motobilty problems he wouldnt be able to hardly walk let alone run, if I were you I wouldnt apply for this award, simply because he hasnt got severe motobilty problems . Perhaps someone will come along shortly and agree that you should apply with different reasons.

This is what I was thinking. It's also possible to get HRM on basis of severe mental impairment. Why does he get HRC? Asthma or because of his behaviour?

nikolahol1

he gets HRC as he is severly autistic but it was his social worker who told us it would be better to apply for it, I dont even drive! yet anyway, in process of waiting for date for test, Im not quite sure what it entails. I take it mobility is for severely disabled individuals who have a problem with mobility such as wheelchair?

andyandflo

nikolahol1 wrote: »

Hi there, Im not sure if i am posting this in the right place so please forgive me if i have! im new here!

Anyway, my son is 5 and a half and is currently on high rate care DLA, we have just been awarded low rate DLA mobility. I phoned to see if we could make an appeal to get high rate mobility, Although my son can walk, he has trouble sometimes with his asthma, runs away on main roads, climbs over seats on public transport to the point we have been put off 3 buses, so my social worker had advised us to try for high rate mobility to see if we could get a mobility car for him. However when I called the DLA department they said that there was reasons to why he did not get high rate mobility and said we could not appeal against these. Is this correct?? It was to look at the fact that he is strapped in a car, he isnt on a bus, he is safer in a car, than on pavements when he could run out at every given oppertunity and his asthma plays up so we have to get taxis everywhere which still isnt too safe as he is not required by law to have a car seat in a taxi!

I was wondering if anyone has any information on appealing and whither they thought we had grounds to appeal? and is it right if they have made up their minds is that it or do you still have legal right to appeal? was considering contacting welfare rights or cisizens advice but was wondering if there was much point if nothing is going to change?

Any help would be much appreciated

thanks

Nikola x

Hi,

I have attached the conditions under which your child could be considered for the Higher Rate Mobilty element of DLA:


The mobility component of DLA is payable to children over the age of 5- the criteria for the higher rate is the same as for adults. Severely disabled children aged 3 and 4 who have difficulty walking may be able to get the higher rate of DLA for getting around.
Severely disabled is likely to be defined as-

Children with severe learning disabilities,
Children with the most severe forms of autism,
Children with severe cerebral palsy,
Duchenne Muscular Dystrophy
Spinal muscular atrophy;
Congenital myopathies;
Spina bifida; Head injury;
Encephalitis/meningitis;
Spinal cord injury.
Limb Defects.
Brittle bone disease.
Arthritis.
Cardiac and respiratory disorders - particularly broncho-pulmonary dysplasia, but also in the most severely affected children with more common cardiorespiratory disorders e.g. congenital heart disease and asthma.
Sensory impairments - blindness, deafness and with particular problems with those children who are deaf/blind.

Your child having the Lower Rate has been classed as needing to show that your child needssubstantially more guidance than healthy children of the same age

Based on these descriptors, I cannot see how he will fit into any of them unless there is something else that you have not told us.
I can't understand what Asthma has to do with mobility?
Instead of all this worry in him not being able to sit quietly or remain seated, might it not be advisable to find out if he is in fact suffering from any form of illness with his GP.

Being in a car or a bus is irrelevant to a point, how would you cope with him 'kicking off' on the back seat all strapped in when driving on a road.

I refuse to take my grandson out in the car if he carries on like that as it is a dangerous distraction that could cause an accident. He is Autistic and has Behaviour problems. I make sure he is calm before we start and ensure that he has something with him to keep him occupied - mainly his DS??? I think they call it. He will go for hours with that in his hand!
And sometimes I have to bribe him - hey but it works - and peace descends on us all.

Next time you take him on a bus, distract him before he kicks off, and talk about what he will be doing if he is a good boy.

Indie_Kid

andyandflo wrote: »

I can't understand what Asthma has to do with mobility?

Some people with asthma have severe breathing problems - made worse by walking.

Next time you take him on a bus, distract him before he kicks off, and talk about what he will be doing if he is a good boy.

It doesn't work like that with autism.

nikolahol1

Thanks for your help, much appreciated. He does have severe autism which is why I was under the impression thats what the HRC was for and didnt even expect to get any form of payment for mobility. I wasnt quite sure how she was getting to the point of us appealing the decision because at the end of the day, yes he needs more supervision and guidance than a healthy child of the same age but surely that is care and not mobility? thanks for that information has helped me understand more about the mobility element :beer: CHEERS!

Indie_Kid

Mobility can be claimed if the supervision is needed outside due to physical or mental health problems. I claim lower mobility because I need supervision outside to ensure I stay safe.

nikolahol1

I do agree with sh1305 mind you, trying to explain to a child who has autism about sitting nice doesnt work, and his asthma is severe enough that he can only walk short lengths at a time before he becomes out of breath and starts coughing and is sick, I Feel my son doesnt understand the concept of behaving and doesnt do it intentionally, he is unaware of the out come of certain behaviours and things that he does.

andyandflo

sh1305 wrote: »

Some people with asthma have severe breathing problems - made worse by walking.



It doesn't work like that with autism.

ooops out of my depth in this one then

sorry

nikolahol1

no problem andyandflo! im out ma depth with all benefits as theres always something there to confuse people! xx