DLA...a new record?

[sickofincompetenceandbullshit]

The DWP and I aren't best of friends. A few years ago, they tried to tell me that my autistic, Statemented (with full-time 1:1) son wasn't entitled to DLA. After a year of nonsense, a Tribunal awarded higher x 2 and DWP apologised, paid compensation etc. Etc.

However, I didn't expect things to be any easier this time. Ds is now 11 and very-HFA. So I filled it in last weekend, sent minimal paperwork in, just his Statement and a couple of other reports. I figured I'd be appealing.

Less than a week later, award is back: high rate care and high rate mobility again.

One battle I won't have to fight and, even better, no renewal date...this means indefinite, right?

The first thing EVER that has jus happened like it should. No battle. I can't believe it.

[sickofincompetenceandbullshit]

just

[lisad123]

we had the same earlier in the year. i think they must have a record of which parent took them to tribunal and decided not to mess with us any further for fear of losing again :)

[Lolaismyfavouriteandmybest]

I had the same (well MRC LRM), but no hassle.... The cynic in me thinks that they are just going for an easy life right now as they know they will screw us all with the DLA reform soon enough. (hope I'm wrong)

[SilkStalkings]

We just got ours through in 3wks. Not had tribunal but this is my 2nd child on spectrum and 2nd DLA app so I wondered if they secretly took that into account. Who knows? Perhaps they've frightened off so many people from applying these days that they have time on their hands.

[hazeyjane]

With ds I think we had a record rejection, turned down in less than a week, i honestly don't think they had even looked at the forms (he was 1 at the time, and I think they must have a policy to turn down children this young when they don't have a diagnosis). I asked for a reconsideration, and as awarded hrc - again in less than a week.

I'm already worrying about having to reapply next year.

[sickofincompetenceandbullshit]

I suppose they go onto PIP anyway at 16...not sure how that works though. Having looked at the criteria, I think it's almost easier criteria than the child one - I should maybe whisper that. The gap widens and widens and I can't see the day when my boy will be truly independent. However, he surprises me daily, so who knows?

[mariammma]

I was told the poor dla workers only get 10/min per form. And from the Cerebra guide its obvious the criteria are eye wateringly complex.

They used to get in trouble for saying yes too often, so if in doubt, say nowt. I Imagine their jobs are at risk now so they're probably going with their gut rather than searching the forms for minor points they could use to disprove claimants' need.

[LadyMaryCreepyCrawley]

They rejected ds's claim and only wrote to his GP, who saw him once in three years. They didn't bother with the physio, who saw him every week for 18 months.

Congratulations, OP.

[sickofincompetenceandbullshit]

Are you appealing, Lady Mary? I found the DLA appeal much much easier than any other we've had to do; it just took ages.

[SallyBear]

Wow sickof that's brilliant. Ours isn't up for renewal until 2016. DS4 is deaf, non verbal, still in nappies, very few independence skills and has ASD. He is in a special school. I was awarded MRC and LRM. I appealed and got HRC and HRM.

I remember having a talk with the decision maker for 45 mins on the phone.
DM: How far can he walk?
Me: Well he can walk, but 8/10 refuses to so you carry him.
DM: Well he can walk then.
Me: Yes, but he stumbles a lot and he has no sense of danger.
DM: Well if you walked to your local shop what would you do?
Me: I'd drive.
DM:Why?
Me: Because he'd get run over.
DM:Describe walking out your front door with him.
Me:I'd hold his hand.
DM: Why?
Me: Because he'd get run over as he has no concept of danger, is deaf and doesn't understand no, stop or the fear in my voice when I'm screaming at him to come back!! (Ffs!)

I'm dreading the renewal as I doubt he will have improved that much, just be four years older, heavier and taller!

[LadyMaryCreepyCrawley]

I appealed over the phone, he was still turned down. It was a couple of years ago. I'm going to fill in another form. Ds has very hypermobile hands and feet, and is unable to walk or stand for longer then a few minutes as his ankles can't support his bodyweight. He also has a few sensory problems and social interaction problems.

my conversation with the telephone decision maker

DM: How often does he leave the house alone?
Me: Never. He falls over and finds walking painful so he needs constant supervision when out.
DM: Oh. But what if he went to the shop himself. What would he do if the road was closed?
Me: But he's never been to the shop by himself. He falls over and usually falls off the pavement and into the road. It's not safe for him to leave the house alone.
DM: Yes, but what would he do if he went to the shop and the road was closed.
ME: I don't know. He's doesn't leave the house alone. It's not safe.
DM: But what would he do if he went to the shop alone and the road was closed? Would he know to go a different way? Would he panic? Would he come home?
ME: I don't know!

[SallyBear]

Either the same woman, or they have a standard list of questions.

[SallyBear]

I still don't get why you were turned down though.

[LadyMaryCreepyCrawley]

It was crazy. They turned him down because he can actually walk and doesn't need help for long enough per day to qualify for the care component. It was irrelevant that he falls out of bed/needs help chopping up food/needs help with buttons/needs support when outside to ensure he's safe/can only walk pain free for about two minutes/falls into the road. I wasn't very impressed. I need to apply again, I just need to build myself up to it.

[SallyBear]

Cerebra guide. Also if its a life long condition, emphasise that too.

[perceptionreality]

Oh well done Sickof! I've been waiting 6 weeks and very stressed about it. It's dd's third application - she's nearly 11 (quite severely autistic).

I worry because they seem to seize on anything they can to justify turning down your award - my GP agreed with this too. If your claim is rejected is it better to go straight to appeal? Why does it take a year??

[sickofincompetenceandbullshit]

It doesn't normally take a year. I appealed and they re-considered - they put it to LRC and LRM. I appealed again and they re-considered again - they put it to MRC and LRM. Then I appealed again and they took it to Tribunal. They adjourned the Tribunal as they wanted to ask his consultant a question which she had to respond to in writing; we had to wait for that to come back for the Tribunal to be re-scheduled.

It shouldn't take a year! Hence the compensation! Appealing is easy and, for most people, quick.

[MrsShrek3]

I'm speechless. That doesn't happen often.
Have you seen CAB or carers centre to get help with the wording? I got dla for ds1 but copied looked at lots of examples and had help from CAB to do it.

[LadyMaryCreepyCrawley]

I'll write a comedy sketch about this one day.

[ShotgunNotDoingThePans]

I agree - get help from CAB. They see loads of these forms and can help you fill them in.

[perceptionreality]

oh I see sickof - unbelievable they really tried it on didn't they?? I'm so glad it's been easier for you this time.