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mandatory reconsideration rejected

(14 Posts)
crazycatlady2010 Thu 22-Dec-16 11:16:33

Help please. I posted 2 months ago about my asd dd having no mobility component in her DLA renewal. Used your advice and contacted CAF who helped. Reconsideration came back and the decision is not changed. Dd is 6, 7 in 2 months. Has a developmental delay of 12 months and asd. There is no sense of stranger danger but occasionally she has road sense. She is in mainstream education but with 25 hours support. Do I go for the appeal and who can I ask to help me. Local NAS branch is currently not meeting so no one there to ask. We have no social worker. Am really at a loss as to whether I should pursue this and who I can ask for help from. Thank you

PolterGooseFat Thu 22-Dec-16 11:51:55

Message withdrawn at poster's request.

crazycatlady2010 Thu 22-Dec-16 12:03:55

Thank you PolterGooseFat going to need it. Took the wind out of my sails

lougle Thu 22-Dec-16 12:13:10

Tbh I think your problem is that at 7 years old, most children are not expected to have road sense, in the sense of complete reliability at the roadside, and a 1 year delay will not be significant in terms of mobility. You wouldn't expect a 7 year old to be massively more capable than a 6 year old at the roadside: road safety is a gradual process and there is a wide range of development, so one NT 5 year old could be more safe at the road side than another 6 or 7 year old NT child.

So having said all of that, if you feel that your DD needs significantly more care, attention or supervision than most other children of her age outdoors, which is the criteria for low rate mobility, then your mobility answers really do need to highlight what it is that makes your DD's behaviour outside different or unusual to NT (neurologically typical/usually developing) children of her age, and why that behaviour means that she needs more supervision, care, or attention than children usually would of her age.

You really do need to do a dot-to-dot. For example, for DD1, one example I may give is:

DD1 has no sense of stranger danger. If a stranger approached her, she would want to be friends and would willingly comply with their wishes. It would not occur to her to question their story and she would not sense any harm that may come to her. Even if she did feel uneasy, she would not be able to excuse herself and she would not be able to get away because she is unsteady on her feet. She would not think to yell for help. Most 11 year olds have learned that they could not go with strangers, would be able to walk or run away, and would be able to shout for help.

DD1 will intend to stay safely on the pavement, but if she sees a shiny piece of paper, or an elastic band, or a pretty stone in the road, she will impulsively make a move for it, without realising that the cars on the road could kill her. As a result, DD1 needs close supervision at the roadside. Most 11 year olds would not move out onto a road with moving traffic.

Etc.

crazycatlady2010 Thu 22-Dec-16 12:24:51

Thank you Lougle. Trouble is I don't have much of an idea of NT 6/7 year olds. Know early years as I trained in that so now out of my comfort zone so not quite sure what expectations there are for the age group. Will have to investigate and note down.

zzzzz Thu 22-Dec-16 14:23:33

i agree age is the factor here. All 6/7 year olds need supervision walking along the road. The easy way to work out what is different is to imagine what you would tell someone if they were going to take your child through the same situation.

DS got the lower rate but very obviously should have the higher. I didn't argue as we were sinking under appointments and paperwork at the time. When we renew we will apply for both HRM and a bluebadge (and I am reasonably confident we will get both).
DS is slightly older though and we have a really great paediatrician who is solidly supportive.

crazycatlady2010 Thu 22-Dec-16 14:35:35

Well there is no awareness of stranger danger, everyone is her friend. Have had to pull her back physically from running into the road into oncoming traffic occasionally (but isn't that the same for a lot of 6 year olds?) . I think I am more confused as to how we used to have the mobility component when she was younger but not now. Not a lot has changed since the last renewal, we don't use the buggy as much as she is happy to hold hands or for me to hold her wrist or shoulder! Is it worth the battle, am so tired.

Frusso Thu 22-Dec-16 16:00:59

Message withdrawn at poster's request.

lougle Thu 22-Dec-16 16:27:41

"we don't use the buggy as much as she is happy to hold hands or for me to hold her wrist or shoulder!"

Well see, that depends. If you're holding her wrist or shoulder for your reassurance, that's not out of the realms of normal. If, however, you have to hold her wrist or shoulder, that's technically 'restraint' and it's not normal to have to restrain your child at all times when they are 6 or 7 for their own safety.

Can you see how nuanced it is? I think this is why I asked you to copy and paste your answers the last time you asked for advice, because it's very easy to think you've made things clear, but because you deal with it daily, you underplay your situation.

BertPuttocks Thu 22-Dec-16 16:30:56

I have an NT 6yr-old and two older boys with ASD.

For me the big differences are things like:

- If I'm walking with Dd I don't need to hold her hand when we walk down the street. She will sometimes ask to hold hands but it's not a necessity to keep her safe.

- I don't have to think too much about which side of the pavement she walk on. I walk nearest to the road if it's a particularly busy road, but she's highly unlikely to suddenly dash into the road.

- I don't have to be constantly on the lookout for something that she might either obsess about or have a meltdown over. DS used to have an obsession with circles and circular objects, so circular road signs and drain covers were a nightmare.

- Dd isn't bothered about people or dogs getting too close to her. DS would've bolted at both of those things.

- Dd doesn't care if the street or the traffic is noisy. DS would've had a sensory overload.

- Dd understands about pedestrian crossings and how they work. She also understands not to cross if an emergency vehicle has its siren/lights on, even if the crossing is beeping. DS would've insisted on trying to cross and would've had a meltdown if we'd stopped.

- Dd doesn't care if we need to make a detour on the way to somewhere, eg roadworks or just a need to go somewhere else first. DS would've screamed the place down at the thought of going the 'wrong' way.

- Dd is fine with escalators and lifts. DS1 was highly likely to lose his balance on an escalator and so had to use the lift. DS2 was obsessed with escalators and had to be stopped from running down them.

- If DD is upset by something when we're walking down the street, she will either tell me or cry. DS would instinctively run and not care who or what was in his way.

In a nutshell, walking with Dd is something I can just do without thinking too much about it. With both of my boys the journey itself was more like a major military operation which needed precision planning and a lot of concentration.

coffeemachine Thu 22-Dec-16 17:05:36

just double checking. Are you getting low rate mobility and were hoping for high rate mobility? Or do you not get any of the mobility components?

crazycatlady2010 Thu 22-Dec-16 23:21:56

Not getting any of the mobility component at all. I think I must have underplayed the situation as it is my normal IYSWIM?
Lougle am not great at technology but when I get a chance tomorrow I will type out what was written.
Has anyone appealed before, if so how long did it take? As am a working mum so will have to talk to my employer too.
Thank you all for your advice it is appreciated

frazzledbutcalm Mon 26-Dec-16 23:10:47

I honestly think they're clamping down massively. Ds has had mrc, lrm for 2years - just renewed and they took away the mobility - just completed mandatory reconsideration... they've taken away EVERYTHING!!!! We now have to appeal/tribunal. I'm devastated. He's 11 and is nothing like his peers. My form and appeal papers were very detailed and I compared him directly to others his age. Looking at his form there's absolutely no way he should have had his award taken away. It's so ridiculous there's just no words. sad

Cph21 Mon 26-Jun-17 19:54:13

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

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