DLA refused again

hamlett

Over the years my son is always refused his dla. Everytime we have to go to a tribunal,except one time when they sent there own doctor to our home. My son was born with his disability.

I do not know the rules as they keep changing them in our case. once they said they go on the school report,then when we had a good school report the next time we applied they said they go on the doctors report,there always changing to suit there needs. We were told it goes on what the person can and
cannot do, but they said "no" . I think we are being vitimised as once we even had to go to a tribunal with our son in a wheelchair and a halo screwed into his head,they had decision planned before we got there and had to change there mind when they saw our son. Recently we were refused again but this time it seems very strange...all what was written was contradicted,they were not bothered what he can or cannot do. Do you know why he was refused? because one night he was crying of leg pains,he went to the local hospital ONCE to check why he had pains..they used this one time visit to base there decision. NOT the hospital where they had all his records and where he had 10 spinal operations over a 12 year period.
once again it will be another trip to the tribunal

ineed

Hi, may I ask what your sons condition is? (don't feel you have to answer if you don't want to) In my experience they base DLA claims (care) around things like if you can do tasks for yourself, or how much help you need, plus medical reports. For mobility its if you need someone with you, how far you can walk comfortably etc. This might help you http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10011816.

hamlett

he was born with scoliosis(curved spine)he has had operations from a early age until about 10. But he was an unusual case and surgeons were struggling. vertabraes were removed and a halo fitted which he wore for a whole year. Nothing else can be done now,he also has a sunken chest,feet diffrent lengths,loss of feeling on parts of his arm,eye effected from surgery(enlarged pupil). We always go tribunal..always,apart from that one time but there doctor was stunned he was even sent..he awarded him HI/HI rates...but this has been knocked down to vertually nil..what we know for a fact is...this latest decision was based on a recent one hospital visit..which is wrong..I.e if your disabled and fall and break your finger and they mend your finger then why should your dla be refused as they go on that one hospital visit.
Thats where they have gone wrong and we refuse to accept that decision..he cannot dress,wash,bath himself..he cannot walk far as he gets breathless and pains in his legs and back,he cannot bend to put shoes on..his back is fused and metalwork attached...all this was contradicted on the form..the decision maker rang us and told us he based the decision on that one hospital visit..all things he can and cannot do were dismissed..we will take this further if we have to

NeverInDebt

Based on what you said he sounds like he is should get dla. Certainly appeal

hamlett

its just a shame we have to go tribunals every time when it cost them money also for everyone who goes to these.
but we will never understand why when our son was in a wheelchair,and had that halo screwed into his head..we were forced to take him to a tribunal

kazzah60

I wonder if you are making is absolutely clear WHY your son needs help with personal care

unfortunately DLA isn't given just because you have a disability- but for the needs which arise as a result of the disability

It may well be that you are concentrating on giving a lot of clinical information on the application form - which may well not be understood by the decision maker - they have little or no medical training.

you need to give them example of WHY your son cannot care for himself - such as say help with washing and bathing
" our son is in a halo frame which supports his head and keeps it immobile, because of this he needs assistance to get into the bath and with washing himself"

" our son needs help to dress becuase he is unable to bend to put socks on as his back surgery has left his function severely impaired"

Obviously I don't know what your sons care needs are - but I am sure you can list them all and give reasons WHY he is unable to carry out personal care tasks without help from another person

have a look back at your previous claim forms and just think - have I ACTUALLY told them WHY he can't pull his trousers up, or button a shirt or tie his shoelaces?

you might be surprised at the answer - I suspect your forms are not giving the correct information to allow the DM to make the award

hope this helps

[Deleted User]

if all you say is true(and i have no wish to doubt you)then personally i would involve my MP,have you had help with the appeals from cab or welfare rights?

hamlett

kazzah60..i wrote everything down on what he needs help with,but it was dismissed so easily. I will note what you say about "why" for future claims..maybe need to explain every detail to them.

Woodbine...it is all true..guaranteed..i will involve mp and maybe radio as well...my sons video is on youtube under "scoliosis braveboy"

ineed

I'm quite shocked tbh that your son wasn't given instant approval for a permanent claim. You sent medical evidence with the claim form as well I take it? I'd take it as far as you can, maybe even contact the press. It's disgraceful if he's as bad as you say. I will look up that video in a bit .

hamlett

whats gets me is..he is refused everytime, but at the tribunals it was awarded back,some were shocked we were there and some were very kind. Then one time they sent a doctor to our address and he was shocked he was refused his award,he awarded it back...even his own doctor a few weeks ago was stunned he got turned down,he is writing us a letter to send.
But why degrade him that time in the whhelchair,why make him look like hes lying,its stressful for us also his parents,what we have been through its a wonder why we are not under the doctors for depression.our other son who has cerebral palsy gets his for life...like you say its a wonder its not for life..but we will fight again for him..his medical records are about 2 ft high...its not like a new case they know his history....recieved a letter today saying they are sending for a consultants report...but also sending there own doctor out...strange..but can take another 2 months...ive also made a complaint to dla

ineed

Well I hope it gets sorted out for you soon, I'm sorry your family is being put through such stress. I do find it extraordinarily strange, I've never known DLA to be this incompetent. I hope you get justice soon.