opinion needed

sirpatrix

hello first time posting,

My 3yr old daughter has autism (delayed speech,S.E.N, Behavioral issues) and has been refused mobility, shes receives highest rate personal care which was decided within 3 weeks of making original application. We sent off application for mobility in may as she turned 3 in june. Original decision took 12 weeks, i contacted and asked them to look at the claim again based on a phone interview with an adviser so did not count as an appeal, this morning have received second refusal letter saying i can now appeal.....but i don't know whether its worth pursuing or wait until she turns 5 and then different criteria apply ie. comparisons allowed of children of the same age, sounds unbelievable but thats what i was told on the phone....thanks in advance

nlj1520

My 19 year old son has autism, learning difficulties and other bits and pieces. when I first applied for DLA for him I was told that the mobility element only comes in post 5 as before that no child is easy to go anywhere with.
Things my have changed since then of course, but i suspect until a child is 5 the mobility element is non-starter.
Good luck.

sirpatrix

thanks for the quick response....i thought the same however if you visit cerebra website there is a DLA Guide which says the lower age limit for higher rate is 3 years old....i think i'll just wait till shes 5 as i don't think there is much chance of them changing their mind

kingfisherblue

The rules on mobility for children did change - I think it was in 2001. HRM can be awarded from the age of three, but LRM is only from age 5.

Sirpatrix, does your daughter satisfy the criteria for HRM? Can you back this up with medical evidence? I do know of some people who get HRM for autistic children, but they tend to have severe behavioural issues.

sirpatrix

yes she does;

6 is severely mentally impaired (this can include conditions such as autism, as well as learning difficulties); and is in
receipt of higher rate DLA care; and because of unpredictable behavioural problems needs someone to watch over
them whenever they are awake; and regularly requires physical restraint to prevent them harming themselves or
other people;
they will be entitled to higher rate mobility.

This applies, also help getting up and down the stairs as she is unable to do so herself, no awareness of danger (shes escaped twice), which to my understanding of the regulations would entitle her

kingfisherblue

In that case, I would appeal. My son has been in receipt of HRC and HRM from the earliest ages possible (different disabilities), which is how I knew that you can get HRM at age 3. the rules changed just before his third birthday, IIRC. I would still include comparisons with a child of the same age - for my son, I included the fact that most children do not get pain in their lower limbs when walking, nor do they have difficulties in breathing when they have walked more than a few yards.

Good luck x

sirpatrix

im going to phone first and ask for a statement of reasons and explain that i can't see why it was refused as having seen the decision makers guidelines she satisfy's 4 and 4.1 of the criteria see if that gets me anywhere

robus

sirpatrix wrote: »

im going to phone first and ask for a statement of reasons and explain that i can't see why it was refused as having seen the decision makers guidelines she satisfy's 4 and 4.1 of the criteria see if that gets me anywhere

What the DM's guide says and what the DWP A to Z of Conditions says is one thing. The second thing is that you have tp prove it!

If all DLA applicants (children or adults) were accepted purely because of what they claim, even though the claim fits the criteria, most of the population would be claiming some level of disability benefit.

You can tell the DWP anything, but they will not believe you until you can produce medical evidence that backs up each and every statement that you make, including the claimed inability to walk.
Most people think that a letter detailing the condition and how it is being treated is acceptable - it is not. It has to be a lot more specific!

kazzah60

sirpatrix wrote: »

yes she does;

6 is severely mentally impaired (this can include conditions such as autism, as well as learning difficulties); and is in
receipt of higher rate DLA care; and because of unpredictable behavioural problems needs someone to watch over
them whenever they are awake; and regularly requires physical restraint to prevent them harming themselves or
other people;
they will be entitled to higher rate mobility.

This applies, also help getting up and down the stairs as she is unable to do so herself, no awareness of danger (shes escaped twice), which to my understanding of the regulations would entitle her

all of that applied to my ds when he was 6 also - but we have NEVER had HRM - always LRM - to be honest, I have been happy with that as he is ABLE to walk - I am not sure I have ever come across anyone who has managed to get HRM with this criteria

sirpatrix

thanks for the help! yes i am obviously grateful she can walk but walking outdoors is still a massive challenge regardless of her ability to walk as she has a tendency to either fall to the ground and refuse to move unless picked up or struggle to get off the hand and run anywhere considering her complete lack of awareness of danger it can be very difficult, i do know of several people getting the HRM for children with ASD but all over 5, i will speak to my portage worker this week and ask her opinion, also with the DLA appeal letter can you attatch medical evidence? i am assuming so but just want to clarify.....thanks all

Mandymull

I Think the problem for you have MAY be that alot of three year olds without autism have a tendancy to fall over etc, and at three wouldnt be expected ot be aware of danger or road safety. The change in Mobilty componant came as a result of families with children on oxygen, with profound disabilites, and those who needed extra heavy eqipment to carry around with them. After all Childrens DLA is all about comapring your child to that of a child with out any difficulties....i would apply again at 5 by then there wil lbe difference between the ability of your child and that of the 'NT' children....HTH. MANDY