DLA child appeal (advice please)

Tran

I'm posting this on behalf of a friend of mine. I'm at a loss as what to advise so it's over to you guys...

My friend has a 6 1/2 year old who gets the care component but they are appealing against the mobility part of the award. The main problem is that Leo gets really severe headaches that make him totally immobile. Lays on the bed, won't move, won't speak, complains of excrutiating pain etc etc. When this happens (frequently) he obviously misses school, can't look after himself, walk anywhere etc etc. This happens couple of times a week. These attacks come on quickly and last the rest of the day (and sometimes the day after). My friend is arguing that he should get the mobility component because when he gets one of these attacks he CANNOT walk, refuses to walk and that he says his head is so painful that he cannot walk from his bed to the loo as it hurts to be upright.

They have to go to an appeal soon but the reason the DWP say they can't award HRM is that they accept he has severe headaches but Leo 'doesn't have a physical disability that prevents him from walking' so cannot be considered "virtually unable to walk". So are severe headaches not considered physical???? Can anyone clarify this for me. I was suprrised when my friend told me this but I have seen the paperwork and this is what they said.

My friend has been to Leo's school to ask for a letter but they said they didn't want to provide a letter because they didn't want to get involved (?!?) but they said they know he get's bad headaches and they know he is often off school because of them and Leo has told his class teacher about how they make him feel but they don't want to get involved in the appeal.

The GP said he didn't want to write a letter because he has already filled in a report so they have his evidence (which was supportive).

Leo is under a paediatrician who is a bit "wooly" and so far won't refer him on to a neurologist. The consultant can't seem to be contacted and the next appointment with him is after the appeal date. When he gave them a letter last time, apparently is was very bland and non-commital.

No social workers involved, no carers involved other than mum and dad.

The info they have is the DLA application form, evidence from GP (supportive), detailed letter from my friend (mum) explaining how it affects him. What other evidence could be got to support this? I can;t think of any professional that could add to the case. MY friend is sure that if she goes to the appeal with no extra evidence then they will turn her (her son) down.

Can anyone give any advice?

clairepix2003

my mum was in same position (my brother was older tho) and she had the same amount as evidence as you, my mum did the following:

keep a diary of when the headaches occur and what mum/dad does as child cant do it for themselves.

go and see someone from citizens advice and take all of he evidence with you.

my mum won her appeal (which was only 10 days after my mum put the appeal in so beware of this as i think the tribunal was trying to catch her unprepared) and my mum had GP evidence which was unsupportive, a DWP representative who was a GP which was supportive, a diary of my bros day to day activities and letters of how my bros illneses affect people in the household (off my mum, 1 bro n 1 sis) and she won the appeal.

Sorry this is all the advice i can give, hope it helps and all the best with ur friend if she goes ahead with the appeal

Claire

Forgot to mention when my mum went to citizens advice they writ a statement out for my mum to prepare her for what to say in the appeal.

good luck

Hapless_2

He should be able to get something for mobility if walking could exasperate other illnesses or conditions such as heart complaints, asthma, menieres. I get HRM but although I can walk, if I go too far I find myself in pain (I suffer with fibromyalgia) BHAS.org (barton hill advisory service) their website is brilliant and full of usefull information.
You could say that walking causes him severe discomfort. that is actually one of the options on the DLA form. I would think a bad headache = severe discomfort.

fabwitch_2

You could try from another angle because of headaches coming on so quickly and restricting his mobility it takes so much longer when out walking compared to other children of his age. Also he needs constant supervision when out because when he gets these headaches which cause severe discomfort he can not walk at all and needs to be taken home by transport because of the distress he is under. you do not need a physical disability toget the mobility payment. My son gets low rate because he is easily distracted and he is not safe to walk on his own compared to other children his age. my son is 11 nearly 12. Good luck with your appeal

mclaren_2

DO remember, that if you appeal the mobility componant, you are also appealing the care side aswell, and this on some occasions, has been stopped!

To get HRM you need to basicly not beable to walk, blind and deaf, paraplegic, etc..... To get LRM (which he should be entitled to) you need to need guidance when going out.