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DLA- Appeals /Reviews

(14 Posts)
kyz1981 Thu 04-Apr-13 18:21:06

Hi Looking for advice been awarded Low rate care for my DS who is 2.9yrs and has ASD/SPD - I feel as do his HV that he should be on middle rate care- how have people found the process and was it stressful, Middle rate care would allow me to get some respite in the holidays by getting a specialist Childminder - so is quite important to us, any help or advice welcome.

RafflesWay Thu 04-Apr-13 18:47:26

Message withdrawn at poster's request.

RafflesWay Thu 04-Apr-13 18:48:46

Message withdrawn at poster's request.

kyz1981 Thu 04-Apr-13 19:15:51

Thanks - I was assuming he would get middle rate so I'm a tad in shock, I sent them all his reports - I have one more since then but not loads of them - Just under so much stress at the moment - did not want to add to it.

Thanks so much for replying

lottieandmia Thu 04-Apr-13 19:19:46

If you show that you are going to appeal, the DWP sometimes back down before the need to go to appeal. Good luck - don't give up fighting smile

chocjunkie Thu 04-Apr-13 21:14:01

i find that the dwp just likes to try it on. we got turned down, asked for a reconsideration and refused again (not even awarded low rate care). i then appealed. dwp changed their mind and awareded high(!)rate care. it did not go to tribunal.

makes me really shock & hmm how they can turn one down twice and then award HRC. its obvious they just tried it on.

dd has autism btw and was 3 back then

kyz1981 Fri 05-Apr-13 07:07:52

Thanks this has made me feel much better - everything is just so stressful at the moment and such a fight to get basic support put in place - I was quite scared of all the stress - but I will ask for a reconsideration as I also have new information about his bowels.

chocjunkie Fri 05-Apr-13 08:31:19

go straight for an appeal. the form is really only short and easy to fill in. they will look at your case again before they refer it to tribunal.

from reading on here i got the impression that they often only give in with a tribunal looming. good luck

Inappropriatelyemployed Fri 05-Apr-13 10:01:55

You can ask for a review first before you go to appeal.

Make sure you send all documents in and full answers to the form. The space they give you on the form is nowhere near sufficient to be able to fully set out your case. My appended statement where I cut and paste the questions and answered them was 50 pages long.

So review first, then appeal if it is still kept low.

Inappropriatelyemployed Fri 05-Apr-13 10:03:02

Have you seen the Cerebra DLA guide? Use that.

kyz1981 Fri 05-Apr-13 13:39:51

Thanks I used the Cerebra guide to fill it in-but will use it again for appeal if I have to. I just think its terrible - I feel like saying to them to come and live with us for a week - and then make a decision! I just hate this whole process - I find it very sad.

lottieandmia Fri 05-Apr-13 15:01:49

kyz - one thing to bear in mind is that the person who makes a decision on the application has no expertise in disability which is why when appeals are brought to a tribunal they are so often overturned. You will get there and in the end in will be worth it.

kyz1981 Tue 09-Apr-13 12:55:03

Just wanted to update you all - I asked for a reconsideration and sent a new report in ... and today they have awarded high rate care until 2016.

I am in shock - I had to ask the man three times and then burst in to tears! I still won't believe it until I see the award letter.

This has opened so many doors for us now - Just wanted to thank you all so much x

chocjunkie Wed 10-Apr-13 10:47:04

that't fab, kyz smile

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