Talk

Advanced search

Mumsnet has not checked the qualifications of anyone posting here. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

mandatory reconsideration DLA

(10 Posts)
mrsdarcey78 Wed 01-Mar-17 01:55:22

Hi my youngest child is 9 and we have received dla for her since she was 2. we have had 2 renewals so far. sent back the third one 2 months ago, received the decision last week and was devastated that it had been turned down. she went from hrc and hrm to nothing. I called them up and asked them to look at it again. they rang back and i spent a hour talking it through with them on the phone, they had taken one line from a physio report and based their whole decision on that where 99% of the report agreed with what I had said on the forms. I have also contacted my own MP who is on the case, and the disability speaker in the house of lords who is also helping. I have taken her to a independent GP who has looked at her medical records, her notes, done a written and physical examination and written a detailed support letter for the DLA claim. I have sent that and a letter to the dla this week. I had a letter from them monday to say they are looking at it again, and it could take 11 weeks. is there anything I can do about this? thank you for any help. I am exhausted x

Babyroobs Wed 01-Mar-17 09:23:19

If you are turned down on MR then you can appeal. Hopefully the new evidence they have from the independent GP will be enough. Has the DLA money been stopped in the meantime? If MR is turned down then it may be worth asking a representative from CAB to look at your dd's case and offer advice.

Cph21 Mon 26-Jun-17 19:49:28

Hi not sure if this is the right place to post new to this. In a nut shell my daughter was diagnosed as blind at 4 month earlier old and registered legally applied for DLA as advised by her consultant. Been told today after months of waiting that she doesn't qualify. Heartbroken isn't the word! Have sent a mandatory reconsideration by special delivery today can anyone advise if they have been through the same thing? Any ideas if I will win or if this is going to be a battle. SO very unfair to family's who have enough to deal with. Thanks in advance for any help xxx

Babyroobs Mon 26-Jun-17 20:59:54

How old is she now? the issue is that with DLA for a child they have to require more care then a child of the same age without that disability. If your dd is still a baby then they may argue that the care is the same for now. However when she is a little older and becomes mobile etc then they may view her disability very differently. The more drs letters / specialist reports you can send to support your appeal the better.
Hopefully the MR will be successful. If not you can take it to appeal. Sorry to hear what you are going through.

Cph21 Mon 26-Jun-17 21:39:30

Thanks so much for your reply Babyroobs. She's nearly nine months now. I got the decision given to me over the phone this morning. Your correct the reason they gave was that she requires no more than any other child her age they also included that her needs cannot be predicted and therefore they cannot determine that should would intact need a greater level in the future. I have complete the MR today via post I've spent the whole day writing information and daily diary of the day in the life. I'm praying it will be enough I understand I am truly blessed as some poor family's have to go through much worse however I just feel so sad and fustrated. My little girl isn't as complex as some children however she changes month by month and only since first appplying back in march have I noticed a difference and felt her needs have become greater. I feel frustrated as I think this is going to be the case and eventually when she does hopefully begin to crawl walk I'm going to have a real struggle. At the moment she cannot sit or crawl this we've been told is linked to her balance. He needs with regards to sleep however are so great that I barley sleep more than three hours a night. I feel so disheartened today. Xx

Havingahorridtime Mon 26-Jun-17 22:17:42

At nearly nine months old it will be nigh on impossible to get any dla. Children of this age all need lots of care and some are notoriously bad sleepers without any underlying disability.
you are likely to have a much greater chance of success if you reapply for dla again when your child reaches an age where other children are becoming a bit more independent and your Childs disabilities means that she is not becoming more independent.

mineofuselessinformation Mon 26-Jun-17 22:22:02

You have my sympathies. Dc2 is registered blind, has needs for personal care, yet we have to go through an assessment for PIP as they have turned 16....
Do you have any HCPs supporting you? If so, gather your evidence, get reports. Hopefully, they will help you.
It's horrible going through an experience like this. flowers

Carolwithane Mon 26-Jun-17 22:32:19

Mandatory reconsiderations were brought in as part of the welfare reform previously you could go straight to appeal. Unfortunately there was no timescale for a decision written into the legislation. During the MR process it remains with DWP and goes to a different decision maker who will review the original decision and any additional evidence/information supplied. If the MR is unsuccessful you can them appeal to an independent tribunal - depends on area but here the average timescale for an appeal to be heard is 4 to 5 months. DLA is not paid meantime and depending on your circumstances this can have a knock on effect on other benefits ie Carers Allowance, CTC
I'd advise you to contact a Welfare Rights Officer in your local authority or CAB

Cph21 Mon 26-Jun-17 23:01:48

Hi thanks so much for all your reply. I understand it's going to a long slog trying to prove her needs are greater than most. I understand baby's are high need in genral. My daughter is awaiting result to determine in the malformation had effect brain function. She becomes so anxious and upset if she hears us walk out the room she get so so upset. I suppose it's a waiting game now. We have lots and lots of support from our peadiatric consultant and ophthalmologist they are fully behind us and sent supporting eveidence to contribute to the decision. I just feel it's a struggle to fill the form out intitaially let alone then Have to go through the process of this. Does anyone know the success rate of MR after first being refused? Thanks again for all your advise.

Carolwithane Mon 26-Jun-17 23:12:27

I'm a Welfare Rights Officer and in my experience the MR success rate is low especially without strong medical evidence. I can't remember the figures off the top of my head sorry

DLA is very difficult in relation to babies. It is not awarded on what the condition is as such. All babies need a very high level of care and supervision and it is difficult to show at that age that the child applying needs a higher amount of care and supervision than another child of the same age who doesn't have their condition

I'd advise you to contact a Welfare Rights Officer in your local authority or CAB

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now