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DLA reconsideration(20 Posts)
What do you send in for a DLA reconsideration - a letter plus further reports - but how long should it be? Any ideas for how to structure the letter part? Do you need to highlight the main ways you care for your child or bring everything to the fore? Is it everything in a nutshell or focus and make clear the worst parts? I tried to do a reconsideration over the phone but the summing up that the lady wanted to submit was rubbish (about 3 lines long because she dismissed everything else I said) so I want to write my own. I am phoning round all my sons therapists etc for reports specific to how I care for my son (I sent all the full recent reports in but they clearly were not helpful). Is there anything else you would include? I have copies of my previous two DLA applications. My community nurse wrote the first one with me. I have the Cerebra guide. We have dropped from high rate to nothing even though my sons needs are worse now.
I would think that the main emphasis would need to be 'this is outside the care that a typical child of DS's age would need'.
So my approach would be to look at the decision letter, and see what they say as their justification for removing DLA.
Then go through your application, and highlight every answer which contradicts that.
Write a letter which says 'you say x' - answer 5 says blah blah blah. A child of DS's age would normally need y, but I need to do xyz. This is far more than a child of his age usually requires...'
That's pretty much what I have started to do but it's turning into a complete essay! Compared to the three lines the woman wrote down I wasn't sure how much was acceptable.
BTW I haven't got a letter as such back. I have simply been told verbally that DLA was refused because the person didn't agree with the previous decision because that any child my sons age (12 months) needs 24/7 supervision!!
Ooh 12 months old? Well you have a steep hill to climb for DLA.
So, DLA for your DS is going to really depend on what his care needs are.
The Decision Maker is right, all children of 12 months need a great deal of care. So what you have to do, is to demonstrate that despite this, your DS has more care needs.
Giving specific examples, if you said 'DS needs constant supervision', the DM would be quite right to say 'show me a 12 month old who doesn't'.
If you say 'DS wakes frequently at night', again, no dice, they often do.
But, if you are saying 'DS wakes frequently in the night because his breathing is laboured, and I need to spend an hour giving him physiotherapy, or doing leg stretches, or positioning and suctioning, etc., then that is different.
I have just started to write a dla application for ds, who is just over 1 year (gulp to your comment, Lougle!). I am pretty much expecting to be knocked back, but his keyworker thought it would be worth applying.
Do you mind me asking what reason they gave for taking away his dla?
Thanks Lougle - I have spoken to contact a family and Cerbra today amongst others and have started to ask for differently angled reports to support the extra care needed from our various professionals. It's just knowing how much or how little to put in the letter. It's definitely worth applying - we will have had high rate for a year from 3 months. I just can't believe it's gone from high rate to nothing when my sons needs are worse.
Hi, i had my dla turned down, they said ds was age appropriate, i asked for them to look at it again and wrote a 4 page essay on why my son was not age appropriate and put everything i have to do for him and that everything takes so much longer and that i need to watch him all the time and that he is a danger to himself and others etc i found i repeated my self over and over again, i also got a friend to write a letter about my son and asked his teacher to redo her report and out line the problems he has and the sruggles, i sent it all off and got awarded with in weeks, it will get reviewed by someone different, you do have to make it very clear the extra you have to do and keep saying that this would not be the normal, you could compare the care to other dcs, you have to out line the extra care, i also read my essay over the phone to contact a family to check i had worded it right, but don't give up contact a family will put you intouch with people who
will come with you should you need to go to tribunal, but they will look at it again before you go. Don't worry if you write 9 pages and have repeated youself, my ds was 4 nearly 5 when i applied and have read it is harder when younger but you have already been awarded high rate before, point out he has not got better overnight, my ds had asd and i have been told he will not get better and could get worse [which is happening] and i have to learn to deal with him, i told them this at the end of my letter. Always use your worst day for examples when writing anything to them and don't give up and good luck
Hazeyjane don't be put off by my comment Just use it to really focus down what is different, why it is different and how it is different.
At the end of the day, if you have a 12 month old with significant SN, then you are entitled to DLA. But it is never easy to get, so you need to really think about what it is that makes your 12 month old have more care needs than the average 12 month old.
So it may be (off the top of my head):
-Doesn't recognise wet/dirty bottom, so gets sore.
-Muscle tone issues (high/low) with position/stretches, etc.
-Risk of choking
-Unable to communicate thirst/hunger, doesn't cry, etc.
Thanks Lougle because those are helpful and my 'old friend Pramsgalore4 (it's my first outing away from my usual haunt ;) ) I wrote a good chunk today and my awesome health team are all running around writing bits for me and are visiting later in the week to show me. I just need to keep writing. I have dug out my old child development book as a prompt to work through too. Wish me luck!
Thankyou Lougle, that list is very helpful. I am not put off, ds's keyworker thinks we have a good case, but sometimes, things that aren't 'normal' start to become routine, and I am aware that the recent cuts have made it harder in some areas for claims to go through.
We went through the form with ds's keyworker yesterday, she practically moved in for the day!
Message withdrawn at poster's request.
Message withdrawn at poster's request.
Not DLA but I've just had a decision overturned on my Incapacity Benefit at reconsideration after it was stopped back in February.
If you've been given the decision over the phone you should ask for a written statement of reasons. This will show point by point where the decision maker thinks your son does not qualify. Your task is to look again at these points, one by one, and clarify exactly why you think DWP are wrong and be very specific about what care your son needs.
Don't worry about your response being too long. Mine was fourteen pages of A4 plus photocopies of reports, letters etc that I hadn't included with the initial claim (I always keep a few documents in reserve, in case reconsideration/appeal is necessary - they don't look at it again unless there's more to look at, iykwim). You have to focus on justifying your claim however much paper that might take.
Don't back down - that's what they're hoping for in this benefits review. If your case is genuine you will be able to demonstrate that you're entitled to what you are claiming.
Thankyou Justa, I have to wait for the physio to redo her report on ds, as she has randomly put in a phrase about him sleeping well! I remember talking to her about ds's night time waking, chestiness and repositioning and him starting the day about 5am, so don't know where that came from!
I have just popped back (OP but with new name) to say a huge thank you for all your help. We have been awarded medium rate which is great after the reconsideration. I am still amazed that we went from high rate to nothing but am glad someone at the DLA office finally read the form! But your help and advice was very very helpful. Thank you!
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
you better start your own new thread instead of posting on numerous older DLA related threads
Oh ok sorry for any inconvenience caused I am new to this.
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