DLA Appeal

pregwithno4

Hi, A little about myself and my son, Im a 29 year old housewife and my son is a 6 year old little boy who suffers with Bilateral Perthes disease and uses a wheelchair whilst we are out and about.
He suffers with lots of pain during the night if he is mobile a lot during the day.

He was diagnosed in April 2010 and was awarded higher rate care and higher rate mobility for 2 years which is due to end on 31st May.
I did his renewal and he was awarded middle rate care but no mobility so I asked for the decision to be looked at again.

I have phoned today and been told that they have made a decision that he isnt entitled to anything as of 1st June and his claim will end.
I have requested a decision maker call me back and they said I will get a call within the next 5 working days but what are my chances of anything changing ?
Is the decision maker able to change his decision upon speaking with me if he wishes or is that it ?

I know im able to appeal and it would go to a tribuneral but I have no idea what any of that involves or how long anything is going to take.
Does anyone have any advice on where I can get help and support as i seem to be alone here. Also I asked for the mobility part to be looked at again as I was fine with the middle rate care but thought surely he is entitled to some mobility due to him being a wheelchair user.

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Muttleythefrog

Sorry to hear about the shock change in award. Seems to be a fair few people experiencing surprise drop in awards of DLA for children.

So he was getting HRC/HRM. Renewal awarded MRC/no mobility. You asked for reconsideration and they decided not entitled to either component. Ouch. So what you're saying basically is that the reconsideration was an absolute disaster and I seriously wonder if you were badly placed to argue your case.

As a new decision appears to have been made then the Decision maker may indeed reconsider that one... they may however want to gather further facts or explain the decision. Hard for me to say.. others may be able to better advise. If you do speak to a decision maker I'd be inclined to say you will be seeking legal advice to appeal and that you are shocked that despite no improvement in health (if that's the case) or day to day circumstance the award has gone from HRC/HRM to nothing. I'd suggest asking them for a statement of reasons and copy of all the evidence they've used to take these recent decisions. I'd urge caution regarding what you discuss or say if you don't understand DLA criteria well... because what you say should be assumed will be transferred into writing as evidence.

(It's worth pointing out that it is typically advised not to bother asking for reconsideration since the DWP automatically will do one following an appeal request - provided they haven't already done one of course).

My advice is that it sounds like you need support in making a case for appeal...appeal against decision that not entitled to either component of DLA as it is now. I would advise against you asking for any more reconsiderations as I fear you may be damaging your own case for appeal. Keep all your paperwork together and details of any phone contacts you have.. try to get an appointment ASAP with CAB or welfare rights or some organisation like that which can give legal advice. If you are short of time to make the appeal then you can make it and state you will provide further details of appeal when you have consulted with others and received full evidence. It is important you request copies of all evidence used to take the recent decision(s) and ask for a written statement of reasons if you haven't already had one. I get the impression you are batting blind here and legal support will hopefully be able to present a strong case for appeal and direction for evidence gathering... supportive medical evidence could be crucial here.

Good luck. Hopefully others will have more targetted advice... especially regarding the actual health problems of your child and the considerations regarding DLA that tend to arise because of such... and the evidence sources that may be helpful here.

Oh and regarding tribunal. It can take months to arrange an appeal tribunal. It is strongly advised to be represented there or attend to present direct evidence to the panel. The tribunal is independent and it is likely the only people there will be whoever you take and the panel... DWP tends to simply make a paper based case. There's nothing really to fear... tell the truth, understand what the paperwork says and be prepared to answer questions with an understanding of why they're being asked (i.e. understand the DLA qualifying criteria). Tribunal may well give decision on the day you attend and it'll last probably no more than an hour or so.

saving-mad

Oh dear i feel for you, we dropped from HRM MRC to nothing this time last year and have finally got a date for appeal of the end of May, (4 months from asking) not too hopeful if i am honest but I know we deserve it, our daughter uses a wheelchair when out and about I am hoping to go to the appeal and answer the questions honestly about her and hope that is enough.... after reading this thread it might not be......

pregwithno4

Thankyou for your advice thats really helpful. I havent as yet seeked any sort of proffesional advice and im still awaiting the decision maker to call me back.

So would my first step be CAB ? Where do I look for information in regards too how DWP guidelines work ? My head is all over the place at the moment and im struggling to take everything in.

Muttleythefrog

pregwithno4 wrote: »

Thankyou for your advice thats really helpful. I havent as yet seeked any sort of proffesional advice and im still awaiting the decision maker to call me back.

So would my first step be CAB ? Where do I look for information in regards too how DWP guidelines work ? My head is all over the place at the moment and im struggling to take everything in.

Yes, I think you need professional support. You're the first person I've seen post here (although it no doubt happens in other cases) who has had a dramatic lowering of DLA award at reassessment of entitlement and then made a reconsideration request and got them to eliminate that massively reduced award. It tells me you may have made a poor case at reassesment lacking evidence but that at reconsideration you have said or written damaging things to your case. My advice is therefore don't say anything more that could potentially damage your case. Immediately contact an organisation who can provide legal support. If time is running low to make an appeal then you can complete a GL24 form and say you are taking legal advice and haven't yet processed the evidence (which you should request a copy of from DWP along with statement of reasons if these aren't already available to you.. perhaps ask in this callback from the DWP DM.. you and any advisor will need these things to make a case) and will provide further details of appeal in due course.

I just really feel this isn't the time or place for a DLA education... I think you need immediate advice... and I hope you get some. If you can;t get any then perhaps a DLA education is going to be necessary.. i.e. a really good grasp of the criteria for child DLA awards and how to argue your case in appeal in light of what you have already committed as evidence to the process.... and what evidence sources may be helpful here from those who know your son from educational/medical perspective. Make sure you keep all paperwork.. if you have the original award details that could be helpful too since the DWP are effectively saying none of those circumstances for award now apply.

pregwithno4

This afternoon I have written below the following, I have tried contacting CAB but they arent open until next tuesday ( I phoned after reading your last post but it was 4pm and they only open every tuesday until 3pm. I have phoned and requested from the DLA everything (paperwork wise) they have used to make the decision and ive been told just to await the DM callback. Anyway here is what I have written to give you better understanding of why im trying to make the claim and feel he is entitled.

Michael is 6 years old and needs to be accompanied outdoors at all
times.This is because he needs to have access to his wheelchair at all times due
to pain and discomfort and him not being able to walk very far at all. All
walking he does causes a great deal of discomfort and pain. He is a danger
to himself when he is in his wheelchair as he often steers himself towards the
road so needs to be pushed by someone, therefore must always have someone with
him. Michael suffers with a lot of pain during the night, he has leg
spasms and muscle cramping and it can often be hours before he is able to settle
down to sleep at night, This is a consequence of the activity that he does
during the day - therefore I feel he is entitled to some level of mobility.


Michael often needs help with getting dressed because he cant stand on one
leg to get trousers on ect... also his legs often give way underneath him
causing him to fall into a heap. He struggles to get in and out of the bath
because he finds it very difficult to climb in and out.
He needs constant
supervision because he tries to go up the stairs and do things for himself and
his legs give way putting himself in danger of getting hurt if he is on the
stairs. He needs to be accompanied outdoors because he needs his wheelchair and
needs to be pushed around by someone.
Michael often wets his bed at night
due to muscle cramping in his legs. When his muscles relax his bladder often
releases which means he needs to be taken out of bed and bathed during the night
and his bedsheets need changing and he needs to be settled back down. This can
take anything from 1-3 hours. Michael can often wake during the night and
because of leg pains be wide awake and unable to sleep. He is quite often awake
still at 11pm-midnight and is put to bed at 7:30pm. Often he needs to be placed
into a warm bath to try and ease the pain or for somebody to lie with him and
soothe him or simply take his mind off the pain.

I have just prepared this for myself so I can read through and im not forgetting anything....

pregwithno4

After reading a long post on cafamily.org.uk Ive written my sons above problems as a statement in preparation for an appeal. After reading through the help guide for filling out a claim form I fear that my renewal form was rushed and I simply didnt add enough information. I think the very first time I filled the form in I did a lot of research and it helped a lot, but I think this time I got very lazy and sloppy (almost cocky ) that I felt he was bound to get it because I felt he was entitled to it because he had been awarded it before and would get it again.
I didnt realise that renewals were infact treated just like new claims on their own merit and I thought naively that his last entitlement would have been taken into account.

Anyway here is what I have prepared.

I am writing to you to explain my reason for
appealing the decision to award my son nothing in terms of DLA.
I am appealing the decision as I believe
that he is entitled to the highter rate of care and lower rate of mobility.
Michael is 6 years old and needs to be accompanied outdoors at all
times Michael is unable to go out and play with his friends like a normal 6 year old child because
he ends up with a lot of pain and muscle cramping and he cannot be trusted outdoors alone
in his wheelchair due to him being a danger to himself as he just wheels himself into the road.
Michael needs to have access to his wheelchair at all times due
to pain and discomfort and him not being able to walk very far at all when we are out as a family, Michael misses
out on a lot of things that his siblings are able to do. Eg he cannot join in outtings to a soft play area as
he is at risk of falling and doing damage to his hip joints.
Michael cannot join in playing in the garden on the trampoline or football with his siblings. These are
all normal activities for a 6 year old child that he is missing out on because of his disease. He often comments that he
hates the disease because of how limiting it is for him and he cannot join in with others his age.
Michael acts out his anger and frustration towards others, especially us as parents and his siblings when he is unable to join in activities.
All walking Michael does causes a great deal of discomfort and pain. He is a danger
to himself when he is in his wheelchair as he often steers himself towards the
road so needs to be pushed by someone, Therefore must always have someone with
him.
Michael suffers with a lot of pain during the night, he has leg
spasms and muscle cramping and it can often be hours before he is able to settle
down to sleep at night, This is a consequence of the little amount of activity that he does
during the day and the more he mobilises the worse the pain is for him. Michael often needs
a lot of encouragement and telling to get out of bed for school in the morning as he is often very
tired and can be cranky and in pain or have stiffness.
- therefore I feel he is entitled to some level of mobility.

Michael often needs help with getting dressed because he cant stand on one
leg to get trousers on ect... also his legs often give way underneath him
causing him to fall into a heap. Michael struggles to get in and out of the bath
and needs constant supervision in the bath and shower to make sure he doesnt slip and further damage his hips.
He needs supervision because he tries to go up the stairs and do things for himself and
his legs give way putting himself in danger of getting hurt if he is on the
stairs. Michael needs to be accompanied outdoors because he needs his wheelchair and
needs to be pushed around by someone.
Michael often wets his bed at night due to muscle cramping in his legs. When his muscles relax his bladder often
releases which means he needs to be taken out of bed and bathed during the night
and his bedsheets need changing and he needs to be settled back down. This can
take anything from 1-3 hours.
Michael can also get very upset and embarrased by the bed wetting and often refers to himself
as a baby in a derogatory way because it makes him feel ashamed.
Michael can often wake during the night again and
because of leg pains be wide awake and unable to sleep. He is quite often awake
still at 11pm-midnight and is put to bed at 7:30pm. Often he needs to be placed
into a warm bath to try and ease the pain or for somebody to lie with him and
soothe him or simply take his mind off the pain.

GlasweJen

I can't quote your text to add in comments but here are some things you should consider:

All 6 year olds need supervised outdoors

You say Michael can't walk far and then that he gets cramps at night from walking. How far can Michael walk? How much walking can he do before the cramps are inevitable? Does walking always lead to cramps, if so specify this if not then tell them how often this happens.

The fact Michael doesn't get to play on a trampoline is irrelevant, playing is not a care need. I'd remove that bit because it looks like you're scraping the barrel and that never works in favour.

Bed wetting isn't considered a problem until children reach 7 (in terms of treatment and continence support) keep that but but don't expect it to win high care for you.

The bed time doesn't matter, the pains at night do. Focus more on those, how often does he get this pain, what type of pain is it, does he get pain killers? If so do they help, how often do they help?

You need to think "care need", a lot of what you've written is completely irrelevant and given that you've already managed to get kicked down twice you need to stop shooting yourself in the foot.

saving-mad

really sorry, have just re-read my earlier post, we actually waited 14 months for an appeal!!!

pregwithno4

GlasweJen wrote: »

I can't quote your text to add in comments but here are some things you should consider:

All 6 year olds need supervised outdoors

You say Michael can't walk far and then that he gets cramps at night from walking. How far can Michael walk? How much walking can he do before the cramps are inevitable? Does walking always lead to cramps, if so specify this if not then tell them how often this happens.

The fact Michael doesn't get to play on a trampoline is irrelevant, playing is not a care need. I'd remove that bit because it looks like you're scraping the barrel and that never works in favour.

Bed wetting isn't considered a problem until children reach 7 (in terms of treatment and continence support) keep that but but don't expect it to win high care for you.

The bed time doesn't matter, the pains at night do. Focus more on those, how often does he get this pain, what type of pain is it, does he get pain killers? If so do they help, how often do they help?

You need to think "care need", a lot of what you've written is completely irrelevant and given that you've already managed to get kicked down twice you need to stop shooting yourself in the foot.

Hi, thankyou for your reply. Michael can walk short distances like maybe for 5 minutes and gets cramps i'd say on average 5 out of 7 nights. I find that his cramping and pain is worse when he has been in school because they dont make sure he rests like I can do at home which creates a problem for us.

He is given calpol and ibruprofen at night time when he wakes with pain and discomfort and then usually takes a while (half an hour or more) to settle back off to sleep.

The reason ive written a lot of what ive written is because I want the decision maker to see the whole picture to understand him better.

As ive said above I think that my renewal form was rushed and I simply didnt add enough information. I think the very first time I filled the form in I did a lot of research and it helped a lot, but I think this time I was very lazy and sloppy that I felt he was bound to get it because I felt he was entitled to it because he had been awarded it before and would get it again.
I didnt realise that renewals were infact treated just like new claims on their own merit and I thought naively that his last entitlement would have been taken into account.

pregwithno4

saving-mad wrote: »

really sorry, have just re-read my earlier post, we actually waited 14 months for an appeal!!!

OMG 14 months ? Is that normal as it seems a huge amount of time to be waiting ? What have they said about the waiting time ?