Help - DLA APPLICATION IS GOING TO TRIBUNAL

kirks71

Thanks for your advice. I have now had another meeting with the school and they have given a new report. The report confirms his inability to participate in gym, his absences, the hourly peak flow readings that have to be taken in class and the fact that i have to be on call to administer all medication as they are not willing to take the responsibility because of the side effects. I do not know if this will be any good though as they had already submitted a completely inaccurate report to the DLA

kirks71

Munchie,
The statement of reasons was requested on 17/12/10 then on 29/12/10. The MP's secretary then requested it again on 9/1/11. I have now been to see a welfare rights officer and was advised that the decision had been made on 4/2/11. The information that i sent to them recorded delivery they say they have not received and the decision stands. The tribunal will not take place before the beginning of August. In the meantime I have to apply for jobseekers allowance and be looking for work yet Iam still caring full time for my son who has been absent from school since 26/1/11

kirks71

Tupperware_Queen wrote: »

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

My son has a consultant, GP and physchologist who all support the claim and have provided evidence. The DLA have chosen to take the completely inaccurate information that the school provided "as they know him better" Regardless of the fact that he has missed over 40% of his schooling and I have to teach him at home with the work that they provide. I have since had a meeting with the school and they agree that the information they gave was inaccurate I have now submitted a new report but the welfare rights officer does not hold out much hope as they had already put a reort in

wornoutmumoftwo

Additional evidence is considered if presented prior to the tribunal date.
My son's rejection stated 'no medical evidence of autism' so I got a second opinion and he was diagnosed with aspergers.
School said no support required above his age related needs - got hold of a list of his detailed support (A4 long), I also got hold of a classroom observation and psychologists advice to the school.

THis evidence was accepted, but not even mentioned at the tribunal. THe questions I was asked at the tribunal involved me answering claim form questions in more detail and giving detailed examples.

kirks71

wornoutmumoftwo wrote: »

Additional evidence is considered if presented prior to the tribunal date.
My son's rejection stated 'no medical evidence of autism' so I got a second opinion and he was diagnosed with aspergers.
School said no support required above his age related needs - got hold of a list of his detailed support (A4 long), I also got hold of a classroom observation and psychologists advice to the school.

THis evidence was accepted, but not even mentioned at the tribunal. THe questions I was asked at the tribunal involved me answering claim form questions in more detail and giving detailed examples.

WORNOUTMUMOFTWO,

I was wondering if they actually looked at the handwritten application submitted. The decision seems to have been made on the evidence they receive from the GP and school. I don't know about you but I have a care plan that I follow in an attempt to keep my son out of hospital I only see the GP if I know he needs antibiotics and or steroids. My GP knows nothing about my son as it's always an emergency appointment he receives and we are in and out again We also always see a different doctor each time, whereas his consultant knows him inside out and prescribes the care to the GP. Thankfully now it is all down in his notes at the GP's and a report with regards to his care has been issued to DLA but I fear it's too late to change the decision.
I would love to know how the decision makers make their decision because surely if what you have written in the application corresponds with the medics reports then the application should be successful or am I using too much common sense???? lol

kirks71

Sorry Munchy I should have written statement of reason in the first place. My brain is completely scrambled. I just think that it is completely unfair that we have to abide by their ludicrous time limits but they do not have to adhere to theirs. I have done everything that they told me to do yet I and my son are having to pay for their incompetence. We now have to endure more than 6 months of severe hardship until someone at the DLA uses a bit of common sense and reviews the paperwork to see that they have made a huge error.
I have been watching the news today and the goverment keep saying that the vulnerable in society will always be protected. Does having a life threatening disability count as being vulnerable???
I have now gone from being a full time carer to a jobseeker (although what chance do I have of getting a job when I was sacked from the last one because of my son's condition) having to provide evidence that I am looking for work or else they will take away what little money they give. I will just have to hope that my son doesn't collapse and die while I'm waiting to sign on!!!!

covlass

My DD claim went to Tribunal. The tribunal itself wasn't that bad the fight and frustration prior to that was the worst.

After receiving the statement of needs from DLA it was clear that every time the DM passed it over to one of their Dr's it came back with does not meet criteria for SMI. I listed all the reasons as to how my daughter did meet the criteria, my daughters DR was appalled that they came to a conclusion without even contacting her.

They awarded full DLA until she reaches 16 which is next year.
Be clear as to why you believe your son is entitled to DLA, gather evidence and stick to it.

gemmalouanna

kirks71 wrote: »

I have done everything that they told me to do yet I and my son are having to pay for their incompetence. !!

They were going off the report they received from the school - how was the DM to know it was inaccurate. So surely it is someone at the school who is incompetent for wrongly stating the details about your son.

Cranny44

schools are often a problem the last tribunal i did for a child the school said they knew nothing of the childs problems etc and he was no bother......

We got a report from a multi agency meeting which 2 school members attended a week prior to completing their DLA paperwork, which the childs condition and behaviour were discussed and strategies put in place due to the difficulties had by the child..........

Blatently had no idea who they were filling the form in for if you ask me.. and i suspect this is very common of schools.

No brainer at tribunal of course