DLA Rejected for Son

LL30

When mine was refused, I went through each point of refusal as a subheading and explained why the decision was wrong eg:

Use a cooker.
Response: Admittedly I can turn on my cooker, and the hobs. This is not much use however, when I cannot put anything on top of said hobs or in the oven. I have severe pain and weakness in my wrists, particularly my right wrist which is my dominant hand. I cannot lift anything of any weight, including pans. I am at risk of dropping them and burning myself.

It's a ridiculous system whereby I virtually repeated everything in my original claim form. At the end of my appeal letter, I asked for the name of the original decision maker, requested to know how long they spent on it and for their written statement of reasons as to why they rejected it. My appeal was dealt with within a week and I've had someone ring me twice to check I'm happy with the decision

Anyway, maybe taking each bullet point is a good starting point for you, as it'll keep you focussed. Sorry you're having to play this game too xx

kingfisherblue

OP, does your child have speech therapy? Do you spend time each day carrying out speech therapy exercises with him? How long each day?

What learning delays does he have? Can he dress himself at all, bearing in mind most 5 year olds could have trouble with buttons, zips and laces?

Does he have any toileting needs? Many five year olds still need someone to wipe them when soiled, but few soil their pants regularly, so again, compared to a child of the same age, what are his needs?

Does your son use any equipment or take any medications regularly?

Does he have any difficulty with washing or brushing his teeth, again beariung in mind that most five year olds would need some help and supervision?

DLA for children can be difficult to get, but you need to be clear what needs your child has above and beyond those of another child of the same age. In this day and age, many children have some form of speech delay. It is on the increase, and I read somewhere that up to 40% of children have some delay.

'Learning development needs' - what do you mean by this? Do you mean personal care needs, or do you mean that your son is finding it difficult to learn his lessons at school? Or something else? Does your son see a paediatrician?

If you can be clearer about his needs, perhaps we can be more specific in our answers. I assume you mean that you spend 3 hours a day dealing with your son's additional needs - what are you doing in those three hours?

DLA for children doesn't require any additional evidence, although obviously this can be helpful. However, they will often contact the school or a medical professional for further details.

Pollycat

LL30 wrote: »

When mine was refused, I went through each point of refusal as a subheading and explained why the decision was wrong eg:

Use a cooker.
Response: Admittedly I can turn on my cooker, and the hobs. This is not much use however, when I cannot put anything on top of said hobs or in the oven. I have severe pain and weakness in my wrists, particularly my right wrist which is my dominant hand. I cannot lift anything of any weight, including pans. I am at risk of dropping them and burning myself.

It's a ridiculous system whereby I virtually repeated everything in my original claim form. At the end of my appeal letter, I asked for the name of the original decision maker, requested to know how long they spent on it and for their written statement of reasons as to why they rejected it. My appeal was dealt with within a week and I've had someone ring me twice to check I'm happy with the decision

Anyway, maybe taking each bullet point is a good starting point for you, as it'll keep you focussed. Sorry you're having to play this game too xx

We did pretty much the same for my Mum's AA appeal.

As in the case of Muttleythefrog, we gave evidence and examples of care required, they just said she didn't need the care and could do everything 'at her own speed'.

We did the same as LL30 - we went through each point and refuted their decision.

Re CAB, we had an appointment with them and the woman said she was surprised that the claim had been rejected, given the care needs specified and the amount of detail given (but she did add that they are getting tougher).

In the appeal (which stretched to 5 pages A4), I said this:

Regardless of how slow Mum does things (“at her own speed”),she cannot do some of the things the things listed on the Decision Notice at all and can do none of them safely.

At the end, I put this:

For the reasons above, we disagree with the decision notice.

We request that the decision be reconsidered as evidence of requiring assistance with care needs and personal care at least several times each day has been provided.

They granted the appeal within a short space of time.
Good luck.

Muttleythefrog

greg.. would strongly advise always having a copy of anything you send to the DWP that could be used as evidence. They'll no doubt give you a copy of claim form as part of the appeal pack should things go that far. The reasons for the decision are typically like that... you're not going to get in depth explanation... it's very superficial.. as is assessment of entitlement of course full stop.

I pesume your appeal request didn't literally say their decision was a load of rubbish as that may not constitute a valid appeal request...lol. Their automatic reconsideration could take months.. I would be inclined to contact them to make sure this is happening... that your appeal request was successfully received. Supporting medical evidence could be crucial to success... and if you don't already have it then get hold of the medical report they refer to.. I would take a gamble that you've been declined as that report is not corroborative of claimed problems.

The SOR does seem to be useful reference to construct appeal argument because although not in any detail it does go through the various criteria scenarios and so in a sense prompts (or dare I say provokes!!) a factual counter-claim.

'You do not need help with your personal care during the daytime
- I require frequent help with personal care during the daytime. I require someone to motivate me to change clothes when I get up and I need someone to help me wash and groom myself. Furthermore I require someone to prompt me to take my medication and ensure I eat properly. Please refer to attached psychiatric report which documents these facts and refer to the risk assessment recently conducted by a CPN that highlights quite clearly the severe risk of self neglect in their professional opinion. Be aware that the GP factual report you used to take your decision fails to convey/confirm this information as I do not discuss these matters with my GP.'

lovetowinacar

Basically much the same as other people have stated in that he must require more care than other children of the same age without his disability

Does he require any medication? Help with dialysis for example although not relevant in this case is counted as a care need.
Does he require any therapy help with moving - physical disability?
Is he able to feed himself? Do you have to do this for him?
etc
etc
This builds up a picture of the type of care (over and above a 'normal' child that you are providing for him.
If he just has a language delay at 4 years old that might be considered quite common and not actually an additional care requirement

Muttleythefrog

gregbythesea wrote: »

Unfortunately I haven't got a copy of the claim form. If I have to argue on the basis that they don't believe what has been written, I can't remember everything that was shown on the claim form. Do the DWP have to give me a copy so that I can raise points?

I have got a copy of the GP report from the GP and like you said it basically says that my wife hasn't got any problems and she is well able to look after herself.
Maybe they see that as being correct, my wife doesn't go to the GP every week to hand over a diary of events!

Err well it did sort of. I just wrote that the decision didn't match with the truth about my wife. I did describe it as a load of rubbish! That is the polite version!!!

There is no supporting evidence as such. How my wife is is how she is.

Mind you the GP had been told over the past 8 years that she was having great difficulties with coping to look after herself without help being given. I actually typed out a bullet point report identifying some of the main problems and handed it to the GP's secretary about 3 months ago.

It's as though the GP does not believe my wife which has got me angry!!

The DWP will probably be able to supply a copy of claim form on request... if not you could get a release of all the papers held in your file. But if the GP factual report does not corroborate the claimed problems in the form as seems to be the case then the DWP will do as they did in my case initially... they'll happily use the factual report to simply refute the claimed problems exist. The emphasis in DLA claim is really on claimant to demonstrate entitlement... the DWP will use minimal evidence they get to support a case of non entitlement... that could even just be the claim form itself if it doesn't highlight needs meeting criteria requirements.

Given what you say I am concerned your 'appeal' may not have been accepted... they may have felt you did not have a basis for appeal given what you wrote. To be honest it was totally reckless but I understand the anger and frustration... I wrote some quite impolite and angry things myself in similar situation.. fortunately though due to illness I deliberated, amended and changed it all into a doomed but polite reconsideration request.

It's deeply unfortunate that the GP didn't use what you supplied.. I think that was a smart move on your part.. I did similar myself when I ultimately made a new claim.. psychiatrist duly properly filled in the factual report and I got sensible award. I note that in that new claim.. the SOR clearly suggests that my claimed problems on my form were effectively again completely disregarded unless directly verified by that psychiatrist report. All of my supporting medical evidence supplied with the claim form was also ignored apparently.. it wasn't listed as evidence used and there's little to no indication it led to the award given. So basically I got my DLA award because I conveyed in a single page document to my psychiatrist my claimed problems in relation to DLA and she conveyed those onto the factual report form... i.e. it's a game of silly !!!!!!s... jumping through hoops.

But I would contact them.. because if no appeal is accepted then you have a problem over making appeal in time.. you only get a month.. after which you need to argue you had good cause for appealing late. If you do have an appeal active then they (the DWP) should be reconsidering now... they'd write to give outcome.

Pollycat

gregbythesea wrote: »

I have got a copy of the GP report from the GP and like you said it basically says that my wife hasn't got any problems and she is well able to look after herself.
Maybe they see that as being correct, my wife doesn't go to the GP every week to hand over a diary of events!

Err well it did sort of. I just wrote that the decision didn't match with the truth about my wife. I did describe it as a load of rubbish! That is the polite version!!!

There is no supporting evidence as such. How my wife is is how she is.

Mind you the GP had been told over the past 8 years that she was having great difficulties with coping to look after herself without help being given. I actually typed out a bullet point report identifying some of the main problems and handed it to the GP's secretary about 3 months ago.

It's as though the GP does not believe my wife which has got me angry!!

Greg
When Mum's claim was rejected we got the GP report and were very disappointed with what he'd written and the lack of detail he'd put in.

In the appeal I took apart the GP report question by question - supported by fact.
For example, I said:

Dr X has not mentioned [illness #1] in his report at Q1.

This is in Mum’s patient records and she has attended hospital for this condition and has been diagnosed.

It is a progressive condition and so will only get worse.

As it is, her eyesight in her right eye is very poor and isdeteriorating.

However, Dr X does mention [illness #1] in Q4 ofhis report and actually says Mum has “poor visual acuity”.

and

Also, in the GP report Q5, Dr X has only provided a listof medication, he has not mentioned response to treatment or prognosis for anyof Mum’s illnesses.

and

Although Dr X has answered “not known” in his report at6a, 6b & 6c this does not indicate that there are no problems regarding self-care, insight of dangers or ability to get around.

I am not convinced that Dr X has completed his reportfully, giving full consideration to diagnosis and clinical findings.

All the evidence of Mum’s core needs was explained in the claim form.

I too think it was unwise (although very understandable) to write back to DWP as you did.

What do you mean by

There is no supporting evidence as such

Did you provide examples of the kind of help your wife needs?