Help - DLA APPLICATION IS GOING TO TRIBUNAL

kirks71

Can anyone help?? My son is 11 and has been receiving DLA for the past 4 years because he has severe breathing difficulties is diagnosed with severe Asthma and significant obstructive airways disease. Every 2 years it is reviewed because of his age.
I had to give up work to care for him full time.

The application was refused on 17th December 2010 and his DLA ended on 24 th December 2010. I requested an appeal and was informed that I needed a written response from the DLA in order to appeal the decision. On 29th Decmber I received the official appeal form I then contacted the DLA about the written response and they told me to complete the official appeal form saying that i wished to appeal so that i did not miss the deadline and that I would send in further evidence once i had received the written response.
I have still not received the written response but on Saturday 5th February received a letter to say that the appeal had been refused and I now have to go to a tribunal which will not take place until at least 29th July are they allowed to do this???
In the letter that i received they said that the consultant s evidence was not taken into consideration yet she fully supports the claim. What can I do now ???

munchings-n-crunchings

I don't know how much weight the response will have that 'you didn't receive the written response'. The DWP may have expected you to chase this before the 6 week deadline, as you would be advised of these timescales, when it came to 3 weeks after the original decision you should have been on the phone. But that doesn't help you now.
Sorry, I know that sounds harsh, but I'm just playing devils advocate.

It may be worth phoning, and asking to speak to a Decision Maker, this is possible, and see if under your circumstances, they will review your information.

How recent is your consultant report?
If it's over 6 months old, this could be the reason for it not being considered, as not current.
Having a consultants support is great, but they often don't have a full understanding on how the DLA system works, and how the decision is arrived at.

Has school been asked for a report? For an 11 year old, this is often the case, as they are there for a large proportion of their time?
Often these can lack support.

The decision could also be age related. As 11 is a milestone age, and the DM could have looked at the information, and deemed that the child could manage their symptoms and medication themselves, needing less care from the parent.
Just trying to throw some things in for you to consider, how somebody looking at the claim form may view things

If all else fails, then it will be the Tribunal, and often that's not a bad thing. You will have the opportunity to speak face to face with the deciding panel, and there is no need for your child to attend.

Regards

Munchie

YORKSHIRELASS

Hi, I also have a son of a similar age with health problems and I am already worrying about our DLA renewal next February. I know that as he gets older there is more of a likelihood that the decision makers will say that he doesnt need as much care.

Has his condition/care needs changed at all in 4 years? You say you gave up work to care for him full time. Does that mean that he is not at school? Its important to remember that DLA is about the amount of care required, not the condition. If he does need a lot of extra care then you have got to fight for this. I am not an expert in the appeals process but hopefully someone else can give you more advice.

I had to give up my job because my son doesnt attend full time school and needs a lot of care so I really rely on DLA. I hate it, I would love to be able to support myself financially and not have all this uncertainty. Its bad enough having a child with health problems and dealing with everything that comes with it, without worrying about money constantly.

I really feel for you, hope you get something sorted out.

kirks71

Munchy Crunching, sorry new to this site so don't really know how to reply to your comments.

I contacted DLA on 29th December 2010 to say that I had not received a written response. I then contacted my MP as I was having difficulty in fionding out why the claim had been rejected. The Mp contacted DLA and was told it was the school report and that the application was with the decision makers. The MP was supposed to get me a welfare rights officer and that was not done. On 31st January 2011 I wrote to DLA and informed them that I still did not have the Written response (sent recorded delivery) I also supplied further evidence and informed DLA that the school report was nonsense as my son has never participated in Gym and that he is not even well enough to go out at break times he also has to take peak flow readings evey hour in class. Yet I was refused the appeal.

kirks71

Yorkshire lass, My son's DLA is reviewed every 2 Years his condition is deteriorating and has missed 40% of his schooling so far this year the school will not administer more than 2 puffs of his inhaler and I have to be on hand at all times in case his breathing deteriorates. The school will only take him on outings if I attend. I was even threatened with court action because of his absenteeism this has now been resolved and they are now aware of the full extent of his illness although the report from the school had been sent to the DLA prior to this.
The consultant's letter was sent in January and she fully supports my application and has informed DLA that my son needs significantly more care than a normal 11 year old and that he has to watched over at night. I like you hate the fact that I have to rely on the DLA now I don't know what the future holds if anything my son needs more care now than he did prior to getting DLA. All of my payments have stopped and I now need to sell my car that I have to rely on just to get him to school.

wornoutmumoftwo

My 8 year old has Aspergers and his DLA was refused despite him having the same care needs as the claim before when he was 5 (apart from toileting which improved).

We went to appeal and then tribunal.

If you have not done so already, speak to your local welfare rights dept (at the council offices), they are experienced in this area and can support you at the tribunal. Mine attended with me, and explained what would happen.

Get any additional documentation you can together. Ask the DLA to send you copies of the school report (my son's school ticked no for extra support and then detailed all the additional support he received but the DLA went by the No so I got a copy of his staged intervention support plan as evidence to counter the school's error).

I won the tribunal on my son's behalf, took a year to get there and got a two year award so need to reaply in Nov (not complaining as I'm grateful for the financial help).

It was hard, but if you've been honest on the form then you will have no trouble as the panel really just ask you to clarify and go into a bit more detail into a situation you may have described in the form.

YORKSHIRELASS

I hope you didnt take my comments in the wrong way, its just that in your original post you didnt say much about your sons condition. You obviously have a genuine case and its so wrong and so sad that you have to fight for the DLA. I worry that I am going to find myself in the same situation in the future.

We have also had the school absenteeism issues early on with my son so I know how this feels too. You spend so much time and energy fighting for your child that there is no way you could cope with working as well, even if you could get the childcare issues sorted out.

Hope some more helpful advice comes your way.

Tupperware_Queen

do you have a specialist nurse, they can usually help with this sort of thing. We do it a lot for the family's we look after

Newly_retired

http://www.advicenow.org.uk/advicenow-guides/problems-with-benefits/turned-down-for-dla-aa-think-youre-not-getting-enough/
I hope this might help

munchings-n-crunchings

After just reading your original post again, I'm just wondering, if you have not been clear to the DWP exactly what you want.

You say you've asked for "A Written Response" and by that, the DWP may have assumed you wanted the decision in writing, or another copy of it.

Have you actually asked for A Statement of Reasons?

This is the document, when requested will extend the time of appeal from 4 weeks to 6 weeks.
This will also include how the decision maker has come to their decision,
It sounds like the MP has been given some of this information verbally.

From the decision date of the 17th of December, the timescale would be the 14th January for the 4 weeks, or 28th January for the 6 weeks, with the request for a Statement of Reasons.
So your letter of 31st of January was outside of this timescale, so was too late regardless.

I know it's frustrating, but the responsibility is always on the claimant to ensure everything is done on time.
I have been able to have things backdated to a time when I requested them, as the appeal tribunal accepted my itemised phone bill showing my calls to the DWP, as the request being made. But, this could only be action by the Tribunal.

If you proceed, the Tribunals service will prepare you a copy of all the evidence used in the case. So, at that point, you will get a copy of the school report.


Regards
Munchie

covlass

Could you speak to the school and ask them to write a letter in support of you claim detailing how and with what your requires help with and what is able & unable to do in school. I know this may sound strange but the form that DLA sent my DD school to fill in had very little relevance to her disabilities I found this out once I received Statement of Reasons.