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DLA Tribunal / Appeal - Advice (Autistic Son)

Morning All!,

I will try and be brief, my wife and i applied for DLA for our son whom has been diagnosed with among other autistic traits, severe speech development delays.

We applied for the DLA over 18 months ago and our appeal tribunal has finally come through.

My wife works relentlessly to aid his development, learning makaton and various other methods to help him. We have spent money on various speach therapists and sessions, seen various people within the healthcare process. He is about 18mths behind in terms of development alongside his peirs.

Wen the initial application went in he had not been given a formal diagnosis, but has since then been statemented and is due to start in a special needs school in september.

My wife could not of worked harder if she tried, researching various aspects both health and psychological related, for instance he now has milk from guernsey cows which contains certain chemical known to aid development, high strength fish oils etc etc.

He is a very poor sleeper, often takes 2 hrs to goto sleep and no matter what time he finally goes off, he will either wake several times in the night, before waking at 4.30-5am on the dot every day.

We cannot take him into shops as he creates and throws a major paddy and stresses himself out. His eating is almost totally carb based, with very little protein.

I dont really know what to write, i suppose i want some advice on what we should make clear at the appeal both verbally and in terms of paperwork/written details.

Any help or advice would be greatly appreciated.

Comments

  • earwig
    earwig Posts: 1,097 Forumite
    I've been Money Tipped!
    Hi its such a shame that you have to go through all this to get dla i guess the main thing is to show them in a diary form of what his care need are

    Eg my son has a major paddy when things dont go his way so we have to stay with him as when he is having his moment he has no idea of the dangers around him he will pick ramdon thing up and will throw them at people so he can be a danger to others as well also my son has the attention span of an ant so again he needs someone with him as he will step into the road with out looking as he pay no attention to the road at all he also needs someone to take him to the loo and remind him to go to the loo if you dont he will wet him self

    Just add as much deitail as posable mobile phone video of your child in mid paddy can be usefull showing them a short video of your childs problems on a typical day may help hope this helps good luck
    i cant slow down i wont be waiting for you i cant stop now because im dancing
  • Anubis_2
    Anubis_2 Posts: 4,077 Forumite
    The work and benefits site has very good advice on appeals in their guides. You have to subscribe but it can be worth it https://www.workandbenefits.co.uk
    How people treat you becomes their karma; how you react becomes yours.
  • mucklebones
    mucklebones Posts: 164 Forumite
    As though its not exhausting enough to put extra pressure on you is disheartening. Im guessing you have support letters and reports from early years support, multi agency team, occupational therapy, doctors report, medication lists if any? Anyone who works with you for thier needs would help I think. A statement of his special education needs from someone would probably help too.

    Answer for him on worst case scenario, thats how I have been advised to fill in my forms. I know all days are hard and challenging but I know somedays are incredibly worse than others.

    Im just about to put in a claim for my daughter, the form has taken me weeks and getting all the relevant supporting statements and reports. I hope its worth it, Im bloody exhausted, no doubt you are too. Goodluck.
  • kingfisherblue
    kingfisherblue Posts: 9,203 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Xmas Saver!
    As though its not exhausting enough to put extra pressure on you is disheartening. Im guessing you have support letters and reports from early years support, multi agency team, occupational therapy, doctors report, medication lists if any? Anyone who works with you for thier needs would help I think. A statement of his special education needs from someone would probably help too.

    Answer for him on worst case scenario, thats how I have been advised to fill in my forms. I know all days are hard and challenging but I know somedays are incredibly worse than others.

    Im just about to put in a claim for my daughter, the form has taken me weeks and getting all the relevant supporting statements and reports. I hope its worth it, Im bloody exhausted, no doubt you are too. Goodluck.

    Please do not do this - giving worst case scenario only is fraudulent. You should fill in the forms as accurately as possible, and that means giving details of an average day. You should then put 'On worse days..... which occur this often....'

    A diary would show how often the worst case scenario happens - and if it isn't all the time, then it shows your form is inaccurate. Medical reports can also show this inaccuracy. You are risking your child's DLA if you lie.

    A diary, medical reports, and an honest and detailed account of dcare and mobility needs are the best way to apply for DLA. If anyone chooses to commit fraud, they should be prepared to live with the consequences.
  • mucklebones
    mucklebones Posts: 164 Forumite
    edited 28 July 2011 at 9:45AM
    Thanks above post I think I meant to say to include the worst case scenarios, it would be difficult to fill it out based on worse days I have included worse case scenarios on seperate paper as opposed to on the tick boxes stating how often this is. But definately dont forget to include them was the point i was trying to make.

    Ive found myself writing nearly an essay for every question so far head feels like its gonna explode especially since I am finding small bits of time inbetween looking after a super challenging daughter. I wish they would just come spend a day with her instead.

    Edit to add an example:
    Teethbrushing needs help twice a day, but when asks how long I put 10-60 minutes and explained on the box provided and on seperate paper why i wrote them answers. 10 being a good day 60 a bad day.
  • I am having the same problems with the DLA over my daughter who has autism and OCD, she had it awarded last year but they have refused it this year, we are now at the tribunal stage and its stressing me out so much, I have had to claim Jobseekers Allowance even tho the job centre staff know I cant get a job as I am a full time carer grrrr!!! if david cameron wants an insight into why his jobless figures have gone up I can tell him!!
  • TazR
    TazR Posts: 65 Forumite
    Well....my wife and i recently (Monday) had the appeal for our sons DLA for his Autism, he was initially refused over a year ago when he was 2. We immediatley appealed and have waited over a year for this date.

    We had to prove in his case, how he requires extra care above and beyond a normal 2 year old.

    We was questioned quite in depth by the 3 on the panel, my wife had it in her head we would lose as not many 2 year old are granted DLA for autism...however...we won the appeal.

    He has been awarded the highest level of DLA for his care and backdated to April 2010 (owing us just under £5000)
  • nlj1520
    nlj1520 Posts: 619 Forumite
    I am really pleased for you. My son is autistic (he is now 19) and life is quite stressful enough without all these appeals/tribunals etc to go through. I think the system keeps costs down by targeting people who are too exhausted to fight if the initial application is turned down. I am only being semi-facetious here.....it's the same in the Special Education system......and trying to get respite, at least in my area and experience.
    I brought my son up alone, and it is really great to read about a father who not only sticks around but helps! Rare and commendable.
    'Do not follow where the path may lead. Go instead where there is no path and leave a trail. Only those who will risk going too far can possibly find out how far one can go.' T S Eliot
  • TazR, I'm really pleased you got the right result.

    Did the panel give you their decision there and then?

    I had my dd's appeal on Tuesday, the panel said the decision would be made that day and would be posted out. However, I am still waiting.
  • TazR
    TazR Posts: 65 Forumite
    TazR, I'm really pleased you got the right result.

    Did the panel give you their decision there and then?

    I had my dd's appeal on Tuesday, the panel said the decision would be made that day and would be posted out. However, I am still waiting.

    They asked us to wait outside the room, about 10 mins later we was called back in and told us their decision.

    We got a letter stamped about the decision and stating it was backdated to April 2010 and till April 2013
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