Refused Dla

silversurfer808

Hi, I'm wondering if anyone can help, we applied for DLA for my 10 year old son who has just been diagnosed with ASD in December on the advice of the CAMHS mental health nurse. We had a letter last week saying they had recieved the forms on the 20th of December and today we have had a letter of refusal, so I feel that they have not really had a good look at it. They haven't contacted anybody else and have just used the information from our claim form and the medical reports that we sent in.

My question is, how do we go about appealing? do we ring them up or do we have to get this GL24 leaflet from the jobcentre or can we just send a letter. Should we get a statement of reasons?

Many thanks for your help.

TOBRUK

Some will tell you to phone and ask them to look at it again, some will tell you to go staight to appeal. On the letter of refusal there should be a brief statement on both care and mobility - stating their reasons why they do not believe your son is eligible. I believe (from reading on other posts) you can ask them for a detailed statement of reasons.

My advice would be NOT to phone them as I always write to any authority etc as anything they have to say I always have it in writing - just in case of any future problems!

I'm sure you will receive quite a bit of good advice here, but for what it's worth I can tell you that when I re-applied for DLA last year my DLA rate was reduced. As a result I wrote to them asking them to reconsider - I gave reasons why I disagreed with their decision, giving extensive examples etc. Within 3 weeks of writing I received a letter saying that they had reconsidered after looking at my claim again and my DLA rate was increased.

So you see, it can be that you only need to write and ask for a reconsideration! It states on the letter you have received that you can write stating the reason you disagree with their decision - and must do this within a month of the date of the decision letter.

If they do not change their mind you can always go to appeal. Good luck with whatever you decide.

Indie_Kid

When you applied, did you constantly refer to him having needs above and beyond that of the average 10 year old?

silversurfer808

I think I did, i'll have to get the form out and read over what I put.

[Deleted User]

if you appeal they get another DM to look at it again anyway
you have 4 weeks to appeal,an extra 2 if you ask for a statement of reasons
if you are going to appeal try and get help,cab or welfare rights are worth asking for help

hobbledehoy.

woodbine wrote: »

if you appeal they get another DM to look at it again anyway
you have 4 weeks to appeal,an extra 2 if you ask for a statement of reasons
if you are going to appeal try and get help,cab or welfare rights are worth asking for help

Hello

That is a good idea, but I must warn you that it seems that from my experience, CAB are now only dealing with benefit problems free of charge, only if you are on a means tested benefit.

You may have to pay a solicitor or such to help you.

I asked if they would help me fill in a DLA application form. Because I am not on means tested benefits, legal aid isn't given to pay for that help.

real1314

sh1305 wrote: »

When you applied, did you constantly refer to him having needs above and beyond that of the average 10 year old?

Whilst not wishing to go down the "phlegmy" route, surely the OP should have constantly referred to him honestly having the needs that he has, rather than claiming that all needs are above and beyond those of an average 10 yr old?

Brassedoff

real1314 wrote: »

Whilst not wishing to go down the "phlegmy" route, surely the OP should have constantly referred to him honestly having the needs that he has, rather than claiming that all needs are above and beyond those of an average 10 yr old?

I think sh1305 is on the right lines. 100% of 10 year olds need looking after so there is no difference there, the state support for that is family allowance. The claim needs to clearly demonstrate needs above and particular to that child. Simply saying my child is difficult walking to School puts them into the same bracket most kids half the time who do not want to go, but if the child cannot get there without transport as they are likely to do something that you would not expect another child to do such as run away regularly or not see a danger, then that is different. That said, I am no expert in kids with ASD or ADHD, from my past experience and involvement we treated them no different in a bid to integrate (being mindful of there different needs) in our junior football club

The other posters comments were totally uncalled for in that manner.

youngo

I challenged the DLA when they stopped my dad's benefits 18 months ago. My advice is always challenge through letters so you have an accurate record, always document any phone calls, dates, times, who & the outcome. If they do reassess & still decline your application take it to tribunal & appeal it. I wouldn't always go down the legal route as it could be a waste of money & I certainly found that the appeal judge found in my favour without an expensive lawyer representing me. I'd also see what medical evidence you can gat to support your claims will help strengthen your case. Hope this helps & good luck.

hobbledehoy.

youngo wrote: »

I challenged the DLA when they stopped my dad's benefits 18 months ago. My advice is always challenge through letters so you have an accurate record, always document any phone calls, dates, times, who & the outcome. If they do reassess & still decline your application take it to tribunal & appeal it. I wouldn't always go down the legal route as it could be a waste of money & I certainly found that the appeal judge found in my favour without an expensive lawyer representing me. I'd also see what medical evidence you can gat to support your claims will help strengthen your case. Hope this helps & good luck.

Hello

What excellent advice and encouragement.

The only drawback is that not everyone has the strength and ability to take the case to appeal.

With the ever increasing lack of help from Welfare Benefit advisory services due to under funding and being over stretched with clients, I can see more and more people like me just giving up thereby helping to reduce the level of benefits being paid out.

Newly_retired

This is a useful booklet for anyone who is wanting to challenge a DLA refusal.
http://static.advicenow.org.uk/files/dlaaa-appeals-2010-11-37.pdf