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DLA mobility refused after reconsideration, now been sent to appeal board, got reasons today.

(25 Posts)
jjones Sat 20-Feb-10 18:44:35

DS2 has severe autism, is non verbal and has possable sld and adhd. I send the appeal form off which the recieved 18th dec. I got a huge envelope of notes through the post today which took ages to go through and they have given the reasons why they have refused it.
They have said that although he has a severe mental impairment caused by arrested devlopment of the brain because he can feed himself (dry food only) and his salt is appempting to introduce PECS( 4 months at stage 1 with no progress) that he has enough usefull intelagence to mean his violent outbusts and refusal to comply is a concious decision by him. WTF yes he can eat toast or chips by himself but he also eats his own poo? Is that what most 3.9 boys do? I don't think so.
Does anyone else think they are grasping at straws or is it just me.

sarah293 Sat 20-Feb-10 18:45:38

Message withdrawn

jjones Sat 20-Feb-10 18:50:47

I know what you meen riven. DS is still in nappies and has no idea if he is wet dry clean or dirty, he will only drink out of a sipper cup and refuses to walk outside. That is not what a child without autism of his age does.

deepbreath Sat 20-Feb-10 18:51:54

It is very hard to get the mobility part of DLA before a child is 5.

I only got it for my dd when she was 4 because she has a heart condition and major problems with her joints so walking any distance is both dangerous and very painful for her (these are the things that they look for to award mobility payments).

The problems that you mentioned sound more like they'd come under the care part of DLA. Do you already get this for your ds?

jjones Sat 20-Feb-10 19:00:15

I do get the care part of dla, it is them that have said these thing impact the mobility part. His pead has said that she thinks he should qualify due the severity of his autism but they have said he is not menatly impared enough.

hairyclaireyfairey Sat 20-Feb-10 19:14:01

We had similar with our ds, so long ago now but pretty sure he got mobility at three.
We went to appeal and took him with us in his major buggy. The panel took one look at him and me with my stack of papers supporting his claim and asked the dwp rep why this case had reached tribunal, awarded straightaway.
Would recommend you go to tribunal and get everyone involved in your childs care to provide a supporting letter.
He was given it under severe mental imapirment category. Similar circumstances to you, completely non verbal, eater of poo, unable to take out without majorbuggy. Have you managed a referal to wheelchair services think our pead did this, shows that child is not able to walk etc.
It is difficult but not impossible.
Let me know if I can tell you anything else
Good luck

jjones Sat 20-Feb-10 19:20:53

Thanks hairyc I am going to tribunal and I am going to take him with me we have a major but he hates it I have a special tomato eio sn buggy from america which is great, I would highly recommend it. I am lucky as my bil is a autism careworker manager and has been to a few appeals and has offered to represent us.

MiladyDeWinter Sat 20-Feb-10 19:27:26

I found this the other day. No use to us as DS isn't three yet.

www.youtube.com/watch?v=c3EjGoKL6FA

www.rexpride.com/dlahelp.pdf

Hope it helps smile

we are going to appeal for DLA for DD1 who has HFA, as they said she does well educationally so therefore doesnt nned it hmm waiting for date now

daisy5678 Sat 20-Feb-10 20:10:23

JJones, J got HRM through after a loooongg battle and it was the severe mental impairment bit that they tried to pull on me too. J isn't even non-verbal. I think they are grasping at straws completely! This case might help you

209.85.229.132/search?q=cache:-0EgJfFxmbMJ:www.osscsc.gov.uk/judgmentfiles/j248/cdla%25203215%252020 01.doc+autism+DLA+rudimentary&cd=3&hl=en&ct=clnk&gl=uk and I used it in mine.

The main thing you need (and it was all that J's panel used to decide on his case - appeal was adjourned to ask for this) is a letter from the consultant answering the question does he have severe mental impairment. J's psych did this and said yes, he does have severe impairment of useful intelligence, risk-awareness etc., despite good abstract intelligence.

If your consultant can do this, DWP might as well give up the case! Good luck. If my boy gets it, yours certainly should.

saintlydamemrsturnip Sat 20-Feb-10 20:53:16

What the???

Agree that it is hard before 5. I got it when ds1 was 5 without any problem. There are some links (and an interesting story in the comments) on my blog

MiladyDeWinter Sat 20-Feb-10 21:44:50

Your blog is fantastic sdmt I've bookmarked it to read all through later, thank you for linking it smile

saintlydamemrsturnip Sat 20-Feb-10 21:46:39

It's much neglected milady - have had no time the last 2 years, but I do have a long list of products and books etc that I want to write about, so hopefully next year I'll get round to it!

MiladyDeWinter Sat 20-Feb-10 21:56:31

Ah there's loads until then. DH took DS to Sainsburys alone for the first time today and it was a bit stressful by all accounts hmm so I will certainly be ordering some of the products you have mentioned so far.

Can't wait to read it all now!

nikos Sat 20-Feb-10 22:03:58

You have to think about his mobility. Does he refuse to walk when you are out? Do you have to restrain him for his own safety? Would he be a danger to others if he ran off (my ds was a hitter when he was younger). We got lower rate mobility on reconsideration for son who I would say was HFA. Fortunately I had a school report which was done when we were applying for a statement which said he needed constant supervision for his own safety and that of others. They couldn't argue that was normal development for a 5 year old.
Keep in mind that it is a mobility allowance. While mental impairment will get you on to higher rate, you still have to emphasise that this affects his mobility.
And big hugs because we shouldn't have to jump through all these hoops when we have so much else to deal with.
Keep on, keeping on smile

saintlydamemrsturnip Sat 20-Feb-10 22:09:16

Brave dh!

The crelling harness can be a lifesaver (and the people who run crelling are lovely- really really helpful!)

nikos Sat 20-Feb-10 22:10:13

Sorry, I've just noticed your ds age. Is he still in a pram? That would probably influence their decision. The fact you have to transport him in a pram for his own safety.

jjones Sun 21-Feb-10 09:36:14

that blog is good I have saved it to back to later aswell.
Ds does refuse to walk most of the time, but when he will walk he is far too interested in the car wheels to be safe, he is in an sn buggy as he is on the 99% line for his height and weight. The buggy is for both saftey and because he refuses, he can lash out at the slightest thing any sound or smell he doesnt like he will start hitting, kiking and biteing, and he is strong.

magso Sun 21-Feb-10 13:21:41

I was told by the money advice lady that the important point for getting HRM for an ablebodied child (the only mobility available before age 5) is wether it is possible to make progress in the desired direction (without assistance). So if it impossible because the child has to be restrained / carried/ in a wheelchair because they run off/ cannot (cooperate to) walk in the desired direction, or cannot choose to walk ( sits down and refuses to walk). She did say that it was very hard to get! Good luck HTH.

izzie123 Sun 21-Feb-10 16:09:32

We get HRM now and my little one is just under 5, got it under the severe mental impairment and severe behavioural problems. He has autism, sld and genetic disorder. The best advice I got was to buy the Child Poverty Action Group Benefits handbook. It explained in detail what you had to prove for your child to qualify. When mine was 4 I wrote them a long letter going through every criteria and explaining how he fitted them as well as sending additional reports from OT, SLT etc... It worked. Good luck

claw3 Sun 21-Feb-10 19:22:34

Point of Law might be of some use to you.

'The Court of Appeal held that severe mental impairment of intelligence should not be defined exclusively by reference to an IQ score (Megarry v Chief Adjudication Officer 29.10.99. The case concerned an autistic child’s claim for DLA. He appealed to the Social Security Commissioners on the grounds that he should be entitled to the higher rate mobility component of the DLA on the basis of severe mental impairment) The decision maker must consider all the available evidence to decide the level of the claimants ‘useful intelligence’. Guidance issued in December 1999 says that the decision maker should decide whether the claimant has the ability to solve abstract tests but is unable to apply that intelligence to ‘real life’ situations. After looking at all the evidence it is possible therefore for a decision maker to decide that a claimants behaviour is consistent with ‘severe impairment of intelligence’ despite having an IQ above 55 (DMG memo vol 10 1 /99)'

I would say eating poo and being non verbal is a severe impairment of social and communication functioning and he is unable to apply the same intelligence to daily basic life skills and quote reports at them.

good luck

anonandlikeit Sun 21-Feb-10 19:37:13

you must prove that walking will cause harm, this can be physical or it can be by putting them in danger.
They also consider the speed & manner that the child walks & how long it would take for them to walk a short ditance - for example 5 metres.
If your ds would constatly sit down, or attampt to change direction for example you must put the length of time in minutes it takes to travel this short distance.

Give them simple, direct examples but make sure they are quantified in terms of speed & distance.
It is also worth spelling out to them direct comaparisons to a NT child of the same age.

jjones Mon 22-Feb-10 19:22:52

I spoke to the nusery today about it and the head has said she is going to do a risk assesment form for me saying that is they where to take ds out they would need 2:1 supervision for him.
The more I think about what the dla have said it just makes me laugh it is pathetic.

andrewsnana Sun 12-Jun-11 15:53:56

Hi I am going to a tribunual on Sat yes Saturday ( THEY ARE SO FAR BEHIND WITH APPEALS) My DGS is severely affected by autism and has been assesed as having the capabilities of an 18 month old baby He is still in nappies aged 4yrs 9months and seems unaware of any toileting needs He cannot be left alone as he shows no awareness of danger and is a non sleeper despite a trial of melatonin,he smears faeces everywhere when he does have a BM but the latest thing is trying to hold in BM which makes him really unwell and he can be seen twisting and turning his body to stop his bowels emptying the sweat just pours from him its awful to watch He remains non verbal despite input from SALT and shows no interest in PECS My question is what type of questions will they akiWe have an excellent peadiatrician and a special needs nursery who have both given a letter of support stating everything he requiers and how much more care he needs than a child of the same age I will be going to supprt my daughter who is DGS mum who really wanted to give up as she is basically exhausted and could do without the pressure and effort needed especially as the request to look again at the claim was refused by a RGN YES a Registered Nurse who couldnt pick him out of a line up but they granted High Rate Care without an issue awarded until he is 6 Any advice

andrewsnana Sun 12-Jun-11 15:55:32

Hi I am going to a tribunual on Sat yes Saturday ( THEY ARE SO FAR BEHIND WITH APPEALS) My DGS is severely affected by autism and has been assesed as having the capabilities of an 18 month old baby He is still in nappies aged 4yrs 9months and seems unaware of any toileting needs He cannot be left alone as he shows no awareness of danger and is a non sleeper despite a trial of melatonin,he smears faeces everywhere when he does have a BM but the latest thing is trying to hold in BM which makes him really unwell and he can be seen twisting and turning his body to stop his bowels emptying the sweat just pours from him its awful to watch He remains non verbal despite input from SALT and shows no interest in PECS My question is what type of questions will they akiWe have an excellent peadiatrician and a special needs nursery who have both given a letter of support stating everything he requiers and how much more care he needs than a child of the same age I will be going to supprt my daughter who is DGS mum who really wanted to give up as she is basically exhausted and could do without the pressure and effort needed especially as the request to look again at the claim was refused by a RGN YES a Registered Nurse who couldnt pick him out of a line up but they granted High Rate Care without an issue awarded until he is 6 Any advice

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