Going to DLA Tribunal in 2 weeks

suziequ

My son is 21 and has cerebral palsy. We are going to tribunal in 2 weeks as his DLA renewal was rejected in April this year.

He was on middle care and high mobility, needless to say we had his car taken from us (which we had only had for 1 year and so I lost 3/4 of the £1200 deposit I had paid)

He can walk but not very far and walks very slow. He gets pains in his legs, when this happens he needs to rest. He has perception problems and struggles to remember directions.

He cannot make a meal for himself, (we even sent a letter from his OT stating this, with his application).

Any help and advise would be greatly appreciated.

benefitbaby

If you can gather any other supporting medical evidence then that will help, be honest at the tribunal and focus on the qualifying criteria to ensure that the evidence is relevant.

http://www.disabilityrightsuk.org/f23.htm

Good luck

suziequ

Thank you I will have a read through

suziequ

Tribunal day today ...... We got there only to be told that they had overturned the decision and had awarded my son middle rate care and low rate mobility , stress of the last 10 months is over.

Martyn_H

Don't see how your son can go from HR to LR mobility, unless there's been a radical improvement in that part of his condition?

rogerblack

Martyn_H wrote: »

Don't see how your son can go from HR to LR mobility, unless there's been a radical improvement in that part of his condition?

Because different decisionmakers can find differently on the same facts.
Or the case may be borderline.
For example, what is 'severe pain or discomfort' ?
Or they may take the view that someone can walk 35m, not 25m.

Or recent law decisions may have decided that even though the original award was completely correct, and the facts are not contested, the new award differs as the law has effectively changed.

Martyn_H

Good points Roger, but HR to LR doesn't suggest borderline to me.

suziequ

Martyn_H wrote: »

Good points Roger, but HR to LR doesn't suggest borderline to me.

Sorry I don't understand your comment !

Would you care to elaborate !

rogerblack

Martyn_H wrote: »

Good points Roger, but HR to LR doesn't suggest borderline to me.

The specific points mentioned are some of the borderlines.
If someone is undoubtedly entitled to low rate mobility, and their pain when walking is just above/below the level of 'significant discomfort' - then they get or do not get HR mob. Similarly for 25/35m.

Martyn_H

I was under the impression that difficulties with mobility caused by mental impairment, e.g. cerebral palsy or autism, attracted the higher rate.

sunnyone

Martyn_H wrote: »

I was under the impression that difficulties with mobility caused by mental impairment, e.g. cerebral palsy or autism, attracted the higher rate.

Since when has C.P. been a mental impairment?

And mental health impairments attract the lower rate of mobility, the higher rate is almost exclusivly awarded for mobility impairments or blindness.