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DLA appeal-where to start?

(16 Posts)
feckawwf Mon 17-Mar-14 17:45:12

Just had a letter from DLA that states my son-high func asd-does not qualify for DLA. Obviously I want to appeal against this decision I'm just wondering where I start with this, is there anyone I can involve who could help me with it? Any advice appreciated thank you

PolterGoose Mon 17-Mar-14 18:32:53

Hi feck did you use the invaluable Cerebra DLA Guide? And did you send all reports, IEPs etc? Did you back up your answers with 3rd party evidence?

I ask this first because it's easy to not give enough information and the award can only be assessed on what you provide.

PolterGoose Mon 17-Mar-14 18:33:44

You can seek RL advice and guidance from Cerebra, the NAS or your local CAB/welfare rights advisor, perhaps ASD outreach?

feckawwf Mon 17-Mar-14 21:08:00

Yes it was the Cerebra online guide that I used which was so helpful so I'm totally shocked to have been rejected I felt like I did a good detailed application. His care needs are 24/7 he is on sleeping meds, yet they have argued that the reports from the professionals dont back up my claims-tbf the reports are very vague and there is no mention of his night time care needs! They have stated that he doesn't meet criteria as he does not need more that 1 hour supervision or support! WOW why then am I so bloody physically and mentally exhausted! sad

PolterGoose Mon 17-Mar-14 21:13:38

How old is he? It's all about comparison to a typically developing child of the same age. I'd be tempted to find a guide to development and write out a comparison type thing.

feckawwf Mon 17-Mar-14 21:29:34

He is 4

PolterGoose Mon 17-Mar-14 21:34:33

Have a look at the early years fact file here asa guide to what's typical. Construct your argument around how your ds needs care and supervision over and above. Did you keep a copy of your original allocation? If you go through it again you might be able to spot where you haven't been clear enough. You really do have to spell it out explicitly.

PolterGoose Mon 17-Mar-14 21:35:51

Sorry, I'm being really bossy blush

feckawwf Mon 17-Mar-14 23:46:51

Ha no that's great I need bossy! Thank you will have a good look through it all again, yes I've kept copies of everything I sent them.

sunnyfriday Tue 18-Mar-14 07:11:02

We were turned down, I asked for a re-consideration und refused again. I then appealed and bingo - high rate
Care (it did not go to tribunal). This seems to happen a lot.

as polter says, make sure you send all reports in. And then complete the appeals form.

feckawwf Tue 18-Mar-14 12:52:12

Grief sunny that's a big jump from being rejected how can they justify it?! I have sat and looked through my sons forms from hosp, the OT assesmebt etc they are so vague it's unreal, and under the section "sleep" it states "no issues with sleep" which is a lie for 1 thing but secondly this report was from 11 months ago. Since then he has gone on sleeping medication....yet dla say he has no extra needs day or night! I don't have anything else to send them that I havnt already except for his final assesmebt and diagnosis as this hasn't yet been typed up(scat team are behind with admin) so until u get that there's nothing more I can add to what I've already told them.

sunnyfriday Tue 18-Mar-14 13:16:47

I think it is just a fob off. Only few parents would fight as hard as I did. I think most would give up after the initial rejection or after the rejection for the reconsideration. Just money saving <cynical> . but as you say - from zero to HIGH rate care....

anyways - does your DS have help at school? is he statemented? or on an IEP? If so, send copies of them in.

if he is now on medication for his sleep, you must have seen the paed in between. Did you not get a letter after your appointment? Send it in.

it would probably help if you had the diagnostic letter (should in theory not make a difference but a dx does help). can you chase it up?

sunnyfriday Tue 18-Mar-14 13:20:20

how old is he?

feckawwf Tue 18-Mar-14 18:54:47

He is 4 Sunny, we have not discussed getting him statemented yet as his diagnosis was only very recent and scat team said he would be I likely to get statemented as he is very high functioning(that's a whole other thread and something we are hoping to discuss with ed psych next week) he has very little support in nursery as his problems are mainly outside of nursery, his iep mentions his toileting, poor diet and some sensory issues that's it(but that is from sept and could really do with being updated, again I'm discussing that next week) sleeping medication was prescribed from my own gp in between appointments with the paed so that's
*no proof of sleeping meds
*no statement or help in nursery
*vague iep
*crappyreports from hosp

It looks really bad doesn't it I feel like I don't have a leg to stand on sad

feckawwf Tue 18-Mar-14 19:00:01

Oh and yes I've rang the scat team today to chase up his reports they were shocked they hadn't been done yet as his diagnosis was 5-6 wks ago but they are only around 2 wks behind with papers.
So fingers crossed they'll be here soon.....also rang pead today who is going to arrange to see me to write a personal statement of him to send in.

sunnyfriday Tue 18-Mar-14 19:04:58

I hope that helps.

DS was statemented at 3 and is at special school (statemented) so we had a lot of paperwork to back us up (mind, didn't stop the dwp to turn us down though).

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