Dla tribunal. Advice needed please

Zaksmummy

My ds (who will be 5 in November) has suffered with constipation from birth. Last Xmas it got to the stage where he didn't poo for 6 weeks going back and forth to gp ended up with him being referred to continence nurse and she prescribed movical, reward charts and strict toilet routine after every meal. My son used to hold in his poo, always resisted going (he used to do a funny dance when he did this). So we persevered with this routine with great difficulty, ds often wakes with full pull up often seeping out, always runny and theres no way he can clean himself as advised by continence nurse so I often shower him to clean him. He has no feeling to go poo so he has no control over his bowel movement so he has accidents during the day too. After mealtimes we have to coax him to sit on toilet and poo, which can result in me or oh sitting down with him and give him lots of encouragement. So this is the basis of my claim for dla for him. Dla was refused on the basis that he has the typical care needs of any other 4 year old. Btw claim made in march 2012, tribunal hearing this Friday.

My dilemma now is, because of constipation and my son being under SALT for over 12months, and a lot of other red flags he is going to see paediatrician next week (as we are concerned that he has asd) do we tell the tribunal panel about referral or no. Will they want to wait and see the outcome of appointment next week or will they take our word that may have underlying problems which have caused original problems for initial claim? I'm getting so worked up over this I can't think straight so apologise if I don't make any sense, everything is happening so fast don't know if I'm coming or going.

benefitbaby

Well the needs you describe sound 'in excess of a healthy child of the same age' which is the legal test the tribunal will consider.

On the down side the tribunal are only able to consider your son's care/mob needs at the date of the decision under appeal, so any changes (better/worse) cannot be considered.