Forum Home» Benefits & Tax Credits

DLA reconsideration appeal for child help please

New Post Advanced Search

DLA reconsideration appeal for child help please

edited 30 November -1 at 1:00AM in Benefits & Tax Credits
8 replies 1.1K views
dylan05021986dylan05021986 Forumite
8 posts
edited 30 November -1 at 1:00AM in Benefits & Tax Credits
Hi Everyone,

I would be greatful if someone can help me out. we were receiving higher rate disability living allowance for our 4 year old child who has (cerebral palsy, chronic lung disease and learning difficulties) and was due to renewal and we did but we received a lower rate care and no mobility award and the reason says (child is able to walk and without any assisted device and guidance and supervision is age appropriate, no night not needed frequently and no clinical evidence for night needs)

Now child is unable to walk without pain and discomfort for more than 20 mtres she has SENCO and EHCP at school.
the school said they will write us a letter, i also got a GP letter but it only says her diagnoses. what is the best course of action and what evidence is best to send for mandatory reconsideration and what the letter best contain or from who?

Any help will be much appreciated!
Dylan

Replies

  • edited 27 May 2019 at 12:37AM
    Alice_HoltAlice_Holt Forumite
    3.8K posts
    1,000 Posts Fourth Anniversary Name Dropper
    ✭✭✭✭
    edited 27 May 2019 at 12:37AM
    This is a helpful guide:
    https://www.advicenow.org.uk/guides/how-win-dla-appeal

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/

    I'd tend to see if your local advice agency / CAB can help with the appeal.
    This organisation may be able to help:
    https://contact.org.uk/advice-and-support/

    Bear in mind the deadlines for the MR.
    Do you know if the DWP contacted the health professionals you named on the DLA for medical reports?

    Sending supportive reports from the school is helpful.
    I'd would tend to document and illustrate the care your child needs on the MR
    (The Advice Now guide has a good section on what to put in a mandatory request letter).

    For night time high needs - frequent is 3 or more times; prolonged is more than 20 mins (a night).
    Explain why care is needed throughout the day, and why this is in excess of the needs of other children of the same age. Etc,etc.


    To receive High Rate mobility - "the child must be virtually unable to walk". The test is whether their physical ability to walk out of doors is so limited (as regards distance, speed, length of time, & manner) that they are virtually unable to walk without experiencing severe discomfort.
    So explain this on the MR.

    Have another family member / friend / etc confirm this. It would be good if the school could also confirm day time care needs and mobility issues.

    Be aware that only a small % of MR's succeed and it is likely you will need to proceed to appeal.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Hi Alice,

    Thank you so much for your helpful advice.

    What about regarding letter our GP gave us a letter but it only confirms her diagnoses, what the letters should contain and which is best to get, (physiotherapy, OT, school, consultant)

    Thanks
    Dylan
  • poppy12345poppy12345 Forumite
    9.2K posts
    Fifth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    What about regarding letter our GP gave us a letter but it only confirms her diagnoses, what the letters should contain and which is best to get, (physiotherapy, OT, school, consultant)

    Thanks
    Dylan
    All of the above if you can get them, plus what Alice suggested about family/friends/school confirming the care/mobility needs. Only 19% of MR decisions change so you'll most likely be taking it to Tribunal.
  • calcotticalcotti Forumite
    7.9K posts
    Tenth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    What about regarding letter our GP gave us a letter but it only confirms her diagnoses, ..

    Although benefit is awarded on basis of impact rather than diagnosis I would still send the GP letter (provided it doesn't include anything harmful to your case). Although on its own it would not be enough the diagnosis can help support the other evidence of impact that you have described.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • Alice_HoltAlice_Holt Forumite
    3.8K posts
    1,000 Posts Fourth Anniversary Name Dropper
    ✭✭✭✭
    The best letters are likely to be from health care / education professionals who are aware of the DLA eligibility criteria and can relate the child's conditions / needs to these criteria.

    I would have thought an OT would be able to do this, probably SENCO as well. They would presumably know why you are asking for evidence, and may be able to write a useful letter explaining the care needs of your child.

    If you get to tribunal, the GP's letter is helpful as the GP on the panel will be more likely to be able to link your child's diagnosis with the DLA criteria than a DWP DM. (But send it at MR stage anyway as poppy & calcotti have advised).

    I still feel that the MR should detail on the help provided by the family.

    A child can also be awarded high rate mobility on the basis on learning difficulties - if that prevents the child from making progress without constant interventions due to disruptive behaviours. There has to be a physical cause (eg brain damage); a GP's letter might be useful should this apply, in confirming the physical cause.
    For a 4 year old to get High rate Mob - they will also need to have an award of high rate care (I seem to recall).
    It is complicated, and welfare rights advice is helpful for you to focus the argument on the relevant points.

    Do you know if the DWP contacted the health professionals you named on the DLA for medical reports?
    They should use these when coming to a decision, but sometimes don't.
    If they didn't and you then provide evidence from those HCP's supporting a high rate award, then the DWP have a very, very weak case.

    Did you get help with the DLA form?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • freddie2freddie2 Forumite
    82 posts
    Tenth Anniversary PPI Party Pooper
    In terms of the care component the only thing that will get you high rate is evidence of frequent night time care, this will be more difficult to get as most professionals (the SENCO for example) will rely on what you have told them.
    Does your child have medical needs ( on oxygen for example) in which case evidence from a community paediatrician / nurse would help or do they need frequent turning to prevent contra tyres supported by evidence from the physiotherapist. The physio is likely to provide the most useful information in terms of their mobility.
  • freddie2freddie2 Forumite
    82 posts
    Tenth Anniversary PPI Party Pooper
    That should read contractures !!!! Not contra tyres!! Sorry
  • Thank you so much guys for your helpful replies. to my knowledge DWP have not contacted any healthcare professional and we did not get help filling the dla form, i thing i have messed up the form i did not even mention some diagnoses and only sent one consultant report.
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support