Dla

Leah_Talbot

Hello

I’m new here. DD and DS are two years old now. Recently back in November I decided to apply for DLA for both of them.
I filled out the lengthy form and answered all the questions as best as I could possibly. I also used the boxes to give additional details on how their disability affected the ability to do things independently as well as the impact on our lives.
But the assessment report that was sent in the mail contained quite a lot of inaccurate information. I even invited a friend to dinner a social worker and asked her to help me. She read the assessment report too.
We were basically awarded nothing. No high rate mobility (DS is virtually unable to walk) or low rate care either. Despite the fact that he has a physical disability and can’t walk independently he received nothing. I appealed the decision of course.
Furthermore I had to call them up and voice my frustration with the system. All this happened before Christmas.
Fast forward to January.
They claimed they never received the appeal paperwork. So I ended up filling out another application form and checking online what we were reasonably expected to receive. What do I do now? I need that money.

[Deleted User]

What do you need the money for?

Nannytone

The mobility component isn't available at the age of 2 as many children of this age of virtually unable to wal you need to concentrate on what additional help your children made over and above what any 2-year-old needs

poppy12345

Taken from this link.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/before-you-claim-dla/check-if-you-can-get-dla/

If your child is under 3.
It can be difficult to get DLA for a baby or an infant because all children of that age need a lot of care. But, you should still apply if your child needs more care, attention or supervision than a child of the same age who isn't disabled or doesn't have a health condition.
For example, most babies would be expected to wake during the night. But if you have to get up to give them a treatment such as an inhaler 2 or 3 times a night, then this means your child needs more care and attention than a baby who doesn’t need an inhaler.
If your child is under 3, you won't be eligible for the 'mobility component' of DLA

Alice_Holt

I would suggest you need to do some research on eligibility for DLA.

Here are some more online resources:
https://www.gov.uk/disability-living-allowance-children/eligibility
https://www.turn2us.org.uk/Benefit-guides/Disability-Living-Allowance-children/Who-can-get-Disability-Living-Allowance
https://contact.org.uk/advice-and-support/benefits-financial-help/benefits-and-tax-credits/disability-living-allowance/
https://www.benefitsandwork.co.uk/help-for-claimants

You could also borrow a copy of the Disability Rights Handbook from your local library.
https://www.disabilityrightsuk.org/shop/disability-rights-handbook-2018-2019

This guide will explain what you should do when appealing a decision:
https://www.advicenow.org.uk/guides/how-win-dla-appeal

It would have been better to continue with the appeal, rather than launch a new claim. Your new claim is very likely to get the same result as the first, and may confuse any ongoing appeal.

This is what I suggest you do:
a) Go back to the decision notices:
b) Complete two MR forms - keep a copy and proof of posting to the DWP;
c) Explain what care each child needs and why this is more / different to other children of the same age. Do this for the CARE component only. Your children are too young to be eligible for mobility.
d) Explain that the DWP have mislaid previous MR requests (for both children?), and that you are appealing within the 13 month deadline. Get your phone records and give the date and time of the telephone calls you have referred to.
e) Then chase up the MR with the DWP, and keep a file record of all contact.

You may wish to seek help from an advice agency / CAB.

MR proforma:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

I do hope your main motivation for applying is not purely financial. It's far from an easy process.
Parents who successfully appeal DLA decisions are generally those who are determined to get the best outcomes for their children and will use any DLA money to help improve the children's life. They succeed by becoming well versed about DLA and the appeal process, and will fight their child's corner with impressive unswerving single mindedness.

What disabilities do your children have?
What medical professionals are involved?
What form does the additional care take?
Do they require additional care (over other 2 yr olds) during night time hours?
What appeal paperwork did you submit?

kingfisherblue

Leah_Talbot wrote: »

Hello

I’m new here. DD and DS are two years old now. Recently back in November I decided to apply for DLA for both of them.
I filled out the lengthy form and answered all the questions as best as I could possibly. I also used the boxes to give additional details on how their disability affected the ability to do things independently as well as the impact on our lives.
But the assessment report that was sent in the mail contained quite a lot of inaccurate information. I even invited a friend to dinner a social worker and asked her to help me. She read the assessment report too.
We were basically awarded nothing. No high rate mobility (DS is virtually unable to walk) or low rate care either. Despite the fact that he has a physical disability and can’t walk independently he received nothing. I appealed the decision of course.
Furthermore I had to call them up and voice my frustration with the system. All this happened before Christmas.
Fast forward to January.
They claimed they never received the appeal paperwork. So I ended up filling out another application form and checking online what we were reasonably expected to receive. What do I do now? I need that money.

Some good advice already given, but just a couple of points.

Firstly, did you fill out a form for each child? If you did, were the forms filled in with identical details? Most children would have some differences, even with the same disabilities. If you filled out one form for both children, that is incorrect.

Secondly, two year olds need help with most aspects of life, and cannot be independent. You need to compare their needs to those of another child of the same age, who does not have any disabilities. Again, if filling in two separate forms, I would expect some differences in development even though they are both age 2, and presumably have the same disability. You mention that your son is virtually unable to walk, but don't say this about your daughter, so this is one example of differences in their development.

Thirdly, you don't make it clear whether the friend helped you with the initial form(s), or whether you invited her to see the report (only one report? For two children, two forms, surely there should be two separate reports?). Did she help you with the original claim(s), or the appeal. Bear in mind that many social workers have no experience in filling in DLA forms.

Fourthly, high rate mobility can only be awarded from age three, and low rate mobility from age five. You cannot receive any mobility payment for a two year old.

Fifthly, you mention low rate care. This implies that the care needs are not substantial compared to another child of the same age. Therefore it is not always certain that you will receive it. DLA is more likely to be awarded to claimants with substantial care needs.

Finally, you state that you have checked online to see what you can reasonably expect to receive and that you need "that money" - it would not be your money. If awarded, it would be money to help your children with their disabilities. You cannot "reasonably expect", especially when checking online you haven't noticed that mobility cannot be paid because your children are too young.

You sound very angry. All you can do is wait for the new claim to be looked at, and see what the results are. Again, you mention "an application form", which implies that you have used one form to claim for both children. Can you clarify please?

System

As has been said, getting an award for a 2 year old is basically a non-starter as they need a high level of care even if they're developing normally.

Alice_Holt

Tarambor wrote: »

As has been said, getting an award for a 2 year old is basically a non-starter as they need a high level of care even if they're developing normally.

Difficult but depending on the illness / disability and level of care needed it is possible to get an award.

kingfisherblue

Tarambor wrote: »

As has been said, getting an award for a 2 year old is basically a non-starter as they need a high level of care even if they're developing normally.

IT's not necessarily a non-starter. Although it is difficult to get an award for a toddler, there are some circumstances where their care needs are way above the care needs of other children of the same age. My son has had high rate care since he was three months old, which is the earliest age possible. He has also had high rate mobility since he was three years old.