Son refused dla

Njames16193

My son is 5 years old and is partially deaf. He wears hearing aids in both ears all day apart from bedtime.
He has had dla since he was 2 but on his renewal they have declined it and basically said there's nothing wrong with him. Apparently they spoke to his school and they said he was fine yet at school he now has to have an extra radio transmitter between him and his teachers due to not being able to hear even with his aids. 

I asked dla for a reconsideration but still declined. So now waiting for appeal which we have been told can take up to 36 weeks.

I think this is ridiculous. He's deaf and can't hear all sounds around him. With his aids he can only concentrate on one sound at a time so being out means if hes listening to me or a train etc he cannot hear the traffic.. Surely that is danger to himself not being able tk hear cars coming etc. 

Has anyone else had to wait so long for a dla appeal?? 

KatrinaWaves

I imagine helping children cross the road at 5 is fairly normal, and every parent of a child would need to help a 5 year old cross the road, not just a partially deaf child.

Were you applying for mobility or care? or both?

calcotti

Njames16193 said:

Has anyone else had to wait so long for a dla appeal?? 

The tribunals service is swamped, 9 to 10 month waits are common. It is ridiculous (but apparently of no interest to the government).

As Katrina says, DLA is based on whether your child needs more care than usual for a child of the same age. As young children need a lot of looking after anyway it is harder to get DLA for a young child than for an older child (at which time a health condition may limit their independence at a time when you would expect it to be developing). 

Alice_Holt

This is a helpful guide:
https://www.advicenow.org.uk/guides/how-win-dla-appeal

Also - https://www.advicenow.org.uk/guides/how-win-dla-appeal
https://www.ndcs.org.uk/information-and-support/your-rights/disability-living-allowance-dla/

See if you can get help with the appeal from your local advice agency, and use the time to gather evidence to support your case.
It would be worth speaking to the school, and getting a letter confirming his additional care needs at school (over others in this class). Sometimes the DWP Decision Maker can appear to "spin" the responses of the school to their questions! If this has happened in your case, you may wish to get evidence that counters the DWP argument.
Did you include Health Care Professional's on the form?   Did the DWP contact them for a report?  If the DWP didn't, then use the time to get supporting evidence from them yourself.

Remember that DLA also encompasses developmental and play requirements of the child. This may be an area where your son needs additional support than other 5 year old's and you may wish to highlight this in your submission to the tribunal.

Another source of info is - https://www.benefitsandwork.co.uk/disability-living-allowance-dla
They have a DLA for children guide, but membership is c.£20 a year. Nevertheless may be worth considering if your local advice agency hasn't got capacity to help you. The more preparation you can do, and the more relevant evidence you can present, the greater the chance of success at tribunal.

Njames16193

Thank you. Just applying for care. 
No they didn't contact any health professionals at all. I've heard before that when speaking to school it's like Chinese whispers so what school have said has been misheard. 
Yes I've got all his medical records and also getting the letter from school for his extra care needs. 

Yes I understand 5 year olds need help crossing a road I didn't say that.. I said he can't hear the cars etc. 

KatrinaWaves

You gave a very limited scope of his disability. It is unlikely that DLA care would be awarded purely for being unable to hear cars at 5, as no child at 5 would be expected to navigate roads alone, therefore helping your 5 year old to cross the road would not be considered something DLA care would cover. You have only that example so we had only that to comment on. If there are other ways in which he needs care over and above other 5 year olds then of course mention those in your application.