DLA Appeal?

andyandflo

nikolahol1 wrote: »

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

Tell me about it!

Tax law, financial law, company law yeah - but benefit law! I'm sure most of it was thought up by MP's during their regular 10am ablutions! Well the end result seems to be crap!!

Mind you the Benefit Regulations do make very good bedtime reading - I manage to drop off after 2 mins!!

nikolahol1

haha! must try that one! i actually put on boring tv for my son to fall asleep too! maybe reading him that will make him fall asleep! and even when they give u a breakdown of what ur entitled to it still doesnt make sense to me! gonna pop into the princess carers trust here and see what they say and see if they can explain it a bit more! xx

andyandflo

nikolahol1 wrote: »

haha! must try that one! i actually put on boring tv for my son to fall asleep too! maybe reading him that will make him fall asleep! and even when they give u a breakdown of what ur entitled to it still doesnt make sense to me! gonna pop into the princess carers trust here and see what they say and see if they can explain it a bit more! xx

Good luck then Nikola

Duncombe

Nikola - If your son is only asthmatic (and by that I mean his asthma is not a by-product of something else..lung deformity etc), he should NOT be out of breath after walking only a few steps if he is being treated effectively.

If he is struggling as much as you say, I suggest going back to your GP / specialist and asking for a review of his treatment.

If he's only 5, he might 'grow out of it' but its really really important its managed correctly unilt then.

Best of luck.

Katykat

Another point to consider is that if you launch any kind of appeal, they look at the whole case again, and it could result in any of his existing DLA being lowered or removed altogether. I wouldn't have thought the care componant would be lowered ( but you never know these days) but I think the mobility componant is quite weak and there is a chance they may remove it. I wouldn't take the chance.

nikolahol1

thanks for all ur help, i had heard that they might remove it which is puting me off as well, dont wanna sound ungrateful with what they have given him as well! i know it all has to do with what he is entitled to and as i said earlier was surprised that we even got low rate so i think i will leave it how it is! His asthma is monitered every 4 weeks by a specialist at the asthma clinic but he gets so hyperactive with the autism that it worsens it as he has a tendancy to screach and shout alot which causes him to couch and sometimes sick. he has 2 types of inhalers and a nebuliser as well but quite often walks a short length and has to sit down. we have the clinic again on friday so might mention it again then xx

KeaneFan10

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 Nikola My son has severe autism he is 12 now and been getting high rate care and mobility from the age of 8, he was awarded this because he was and still is unable to talk and still in nappies he has also been told to leave public transport even taxis to the point we were isolated, i would say its because of his age as it was with Thomas most children at the age your son is shouldn't be left unsupervised at any point anyway this is how DLA see it, Thomas is 12and mentally 2 or 3 this is how the GP assessed him for the report that DLA requested

nikolahol1

thanks keanefan, its very confusing, jack needs constant supervision to the point they wont even take him into afterschool care unless i can find thousands to fund a one to one support worker whilst im at college and being a single parent is proving a bit of a task! they fignt for folk to go back to work and training but they dont think about poeple with kids who have aditional needs and it really annoys me! ive no idea where to approach for funding as the people who helped me last year dont have the funding to help this year!

There were no supporting letters sent to DLA with my form so thats why i was wondering about supporting letters to back it up but she said on the phone today there is basically no point in appealing as there are notes on the file saying that he wouldnt get high rate and thats why they were giving us the low rate as he was a child that needed more supervision to a healthy child as they put it!

xx

annies_mum

andyandflo wrote: »

Hi,

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.

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.

The OP has already said her son suffers from severe ASD, so i cannot see why he doesn't fit the requirements for HRM. I presume your grandson suffers from a form of autism if so you are very very lucky that he understands cause and effects as 99.9% of ASD children haven't a clue.
I am not having a go at anyone in paticular, but i am sick to the back teeth of children with autism being thought of as a bit naughty who need a good telling off and they will behave. you couldn't be more wrong believe me!

Indie_Kid

andyandflo wrote: »

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.

:huh: The OP has done this. Her son has autism.