DLA tribunal failed - help

aimingforadebtfreelife

Was claiming DLA for my son with ADHD - DLA went for a school report after he was only in a brand new school for 1 month. It was a glowing report - was refused, redecision refused and now this morning tribunal failed. Everyone kept referring back to the school report (on full medication in a stimulating environment) The panel at the tribunal was trying to contradict everything we said - we mentioned his poor danger awareness etc. Because they wanted examples of what he had actually done we couldnt provide any as good parents we have learnt to predict danger spots and stop them from happening. They asked q's like has he ever run into the road?? Well no because we have stopped him. They then replied do you think he would have run into the road?? Well, erm, yes I asked them to apply for a new school report as now that his school got to know him he is under special needs review and classes. But they were not interested and said they only wanted to know the evidence at the time of the initial report -I tried to get across the teacher filled it in without knowledge of him but they were so harsh the tribunal everything you said they turned it around :mad: .

Is it a case or reapply again do you think, can you reapply straight away.

Sorry for waffling but I am so so annoyed. We work hard me and my wife to bring our son up and is not a violent child or nasty. Yet the impression we got the tribunal was that if he was kicking old ladies in the supermarket then we could have got help.

Any view/comments about tribunals greatfully received.

Many thanks in advance

In addition are there any organisations out there people know of which can help us. We have apprcoached the Family Fund and they were great. Someone came to see us at home and understood my son's needs and gave us some money for a holiday.

healy

I think it is probably a case of reapplying and yes you can do this straight away. It is possible to appeal on a point of law but you would need to get a full statement of reasons from the appeal and check if there is a case with a welfare rights officer. If you reapply you will have a better chance with an up-to-date report if this highlights the problems your son has. It would be best to go and see a welfare rights officer from the CAB, Local Council or a Disability Organisation who can help you reapply for DLA. The reason the Tribunal were not interested in a new report was because they were concerned with the evidence of how he was when you claimed.

Taffoire

We were recently awarded middle rate care and low rate mobility for our son. He is diagnosed with Aspergers Syndrome.

We have similar problems with the lack of danger etc and he has to be on a wrist strap whenever he leaves the house (He's 6):cool: .

When I applied we were told to fill it in on a "worst day scenario". I also used this page (sorry can't do fancy links yet - hope this works!:o ) http://www.bhas.org.uk/freeguides/dla-child-mentalgrounds.pdf
as it helps to clarify what is classed as needs for your child. We also included a copy of all letters from his psychologist and consultant.

Sorry not more help regarding the tribunal, but plase PM if I can help in any way with your new application

Taff

2_litre

i feel for you i was basically destroyed emotionally by a dla tribunal and ive put a new claim straight in with new evidence, but they might use the last school report to base a desicion so i would ask the school for a new report and use it as evidence

aimingforadebtfreelife

thank you for all advice - it is very appreciated. Things didnt go right today, our representative just sat there and hardly said anything. I've downloaded the great advice notes how to fill in the claim form and will put another claim in straight away. Frustrating thing was we have got evidence from a month ago from a school report to say he had very complex and specific needs where the original report said he hadn't. Ever since December last year I have asked the DLA to for a new school report after the teachers had got to know him but everytime they refused. They stopped our money in March when his current award stopped. That money was vital to giving us respite. Lets see how long it takes for this claim.......... they can knock us back but we will bounce back!!!!

dk67

your story sounds almost identical to ours -

our 15 year son is at yet still undiagnosed but has 'something on the autistic spectrum/ADD' - our initial claim for DLA 5 years ago was successful at High rate care and Low mobility for 2 years.

when we came to reapply, it was disallowed, as was the reconsideration. This was all down to a similar glowing report from a new school he had been at less than a month:mad:

By the time the appeal came round I went armed with a new report from school and the panel were excellent and allowed the appeal (had to be backdated 18 months by then!)

Because we had waited so long for the appeal, we only had a 6 months reprieve before we had to apply again - and even still with no diagnosis - we were awarded another 2 years last week...

If I were you I would apply again asap, include a diary of a day or two showing your son 'at his worse' and get evidence from school ...

but... I would write a letter stating how disappointed you were at the appeals process as well.

Good luck!

aimingforadebtfreelife

there seems to be a lot of emphasis based on school reports - the decision maker at the DLA initially said thats where he was most of the time so they could get a true picture??? he's there 9-3 what about the other 18 hours in the day!!! The report said he could medicate himself - which he cant - he has to be reminde and someone stand over him. In hindsight we should have got a new report ourselves but we went in with honesty. I wrote to the appeals place to say the school did not know we were going for a review and if they went for a new report they could see a different picture but they refused. It was September when they said they were writing to school for a report - November when they actually did it and told us 2 days before Xmas our application was refused, then took until today for the tribunal. Nearly 10 months of stress which is taking a toll on our health!!

Morglin

It is getting increasingly difficult to claim DLA for a child with ADHD (because of conflicting medical opinion), so try contacting a local support group - members are usefully a mine of information as to claiming DLA:


http://www.addiss.co.uk/links.htm

Lin

SingleandSkint_2

Hi,

My son also has ADHD and a variety of other disorders, I went through the same process as you, Applied, reconsideration, then appeal, I was also turned down.

I went to the CAB in Jan/Feb and they said i should wait a couple of months before applying again (I know he is definitly entitled to it). Anyway, I have done and have just been knocked back again! so I have asked for a reconsideration, again!!

Anyway, In the mean time I have requested to view his school records, and it is also our right to take copies of any paperwork in there. So im hoping I find proof that they have contradicted themselves in there (which they have). Like they tell me he is a nightmare, he doesnt sit still and he doesnt play 'normally' at playtime, but apparently they sent the DLA report back giving him a glowing report.

My advice would be to get someone to help you fill it in CAB/Welfare rights, just someone in the know who knows how the system works, and they will help you fill the forms in and help you with appeal and such.

anyway, I hope I have been a little helpful, I know this whole process sucks!

rev229

2 years ago we had our DLA reduced for our daughter from high rate care to middle rate despite the fact she needed more help than her peers she has autism epilepsy and lots of other problems. The reason was that he male class teacher said she could take herself to the toilet and was independant with her toilet needs !!! So why does she need 1-1 support at school all the time? He was the class teacher not the person who cared for her throughout the school day? This was a child who came home with soiled pants because no one wipes bums at a mainstream school!! It was the only question that the DLA asked the school. We went to appeal and won and recieved higher rate care and mobility for 4 years but it was nerve racking. I would do it again as we care for these kids 24/7 its not the school! On the day her award changed from high rate to middle rate and mobility stopped i wrote the DLA a letter saying. "Yesterday my child received high rate care and low rate mobility today she will be receiving middle rate care and no mobilty her condtion has not changed since yesterday.' It took six months to resolve with frequent phone calls to a call centre speaking to people who have no idea about what you are saying. I would reapply use the bhas website it is very good. I have been told it is the way you fill in the application and how you word it. The national autistic society have good info on its website about dla claim forms. No doubt in 2 years time I will be appealing again! Good luck

Anthillmob

a tip. the worst day scenario dont say 'some days' treat everyday as a worst day. if they think you can cope on some days you havent got a hope in hell. you have to not bend the truth but really over exaggerate about the amount of time you need help or are in danger.

never use words like 'sometimes' or 'occasionally' go more down the lines of 'every day'