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Can anyone help me with DLA appeal please?

(72 Posts)
Loserinlove Mon 31-Dec-18 11:36:14

Iv done my son’s renewal and he was receiving high rate care and low rate mobility. Renewal has come through middle rate care and low mobility. Iv rung them to explain and they basically say his needs are being met by middle rate and not high rate anymore. The main focus was based on night time. Iv compared this renewal to first form I filled out and I haven’t missed anything off.

They said I put on ehcp that he wakes in the night etc (true he often does) but a letter from Camhs said he had told the doctor he sleeps fine and that is what the doctor put on the letter so they are going on that......

Can anyone tell me where it states what meets middle rate and what meets high rate care? I said to them that now he’s older the gap in him to another child his age is huge. But they don’t agree, saying his needs are met by middle rate.....

Tia

Loserinlove Mon 31-Dec-18 11:38:42

FWIW they have put : help with personal care : you are entitled to the middle rate because you need to be constantly supervised, with or without short breaks right through the day so that you do not cause substantial danger to yourself or others.....

That wasn’t written in the original one.

Fairylea Mon 31-Dec-18 12:45:55

The only difference between mid and high is the night time care. They will be wanting evidence of sleep medication (eg melatonin) or referral to a sleep clinic or well documented sleep issues (through consultants letters or Ehcp). They will be looking for evidence of the child waking 3+ times a night and being up for 20 mins or longer each time and needing to be watched over for their own safety / toilet needs etc etc.

I do know of one child who was awarded high rate care with no night time needs - and the accompanying letter acknowledged this - because the child was so severely disabled they qualified on day time need alone (child had non verbal severe autism and severe learning disabilities alongside several other issues).

I belong to several dla forums on Facebook (they can be found easily by searching “dla”, some have more than 30k members) and it seems like they are really cracking down on high rate care without quantified night time needs.... which is annoying because it’s the one area most people don’t have a lot of help or support!

Loserinlove Mon 31-Dec-18 13:23:26

Thanks for replying. Last time round he didn’t have melatonin or anyone else prove he had night time issues though?

Fairylea Mon 31-Dec-18 13:27:29

I think maybe you were just lucky, it does seem to depend whose tray it lands in! But these are the things that will help to get high rate care generally.

(My ds aged 6 was awarded high rate care until he is 16 on his renewal 2 years ago. He takes melatonin every night and we are under a sleep clinic. He attends complex needs school and has an ehcp stating he has severe night time issues and no concept of day or night).

Loserinlove Mon 31-Dec-18 13:40:55

He attends a special school just recently which before he was in mainstream.

Is it worth appealing does anyone think? His needs are worse now compared to when he was younger, I just can’t believe it will drop by over £100 a month overnight.

Ellie56 Mon 31-Dec-18 15:03:52

The NAS has some tips on their website:

www.autism.org.uk/about/benefits-care/benefits/children/parents-carers-tips.aspx

Loserinlove Mon 31-Dec-18 15:15:34

Thanks Ellie. I know the form, I don’t have a problem with what Iv put but I just don’t understand how the care rate decreases so much when nothing has changed.....

It seems to me that this has been caused by my son telling the Camhs doctor that he sleeps fine, when he doesn’t always.... but I don’t know what I can do about that....

Loserinlove Mon 31-Dec-18 15:16:28

Oh god.... this will mean my tax credits will also decrease doesn’t it? I think I get extra due to the high rate care?

Loserinlove Mon 31-Dec-18 15:56:26

The NAS website said there are two ‘nighttime rules’ one being awake having to deal with bodily functions (eg toilet) and it says soothing a child could also count. On the phone they said to me that ANY child’s would need soothing to sleep/comforting if they woke up in the night therefore he doesn’t qualify??

Loserinlove Mon 31-Dec-18 16:03:20

I can’t find on the .gov website what qualifies between middle and high rate care? Can anyone help?

Fairylea Mon 31-Dec-18 17:14:16

In all honesty I would reapply and leave out any evidence that doesn’t support your claim. You might get someone entirely different look at the form and get high rate again. It really does seem down to just that half the time...

Loserinlove Mon 31-Dec-18 17:25:27

I doubt I can reapply.... this is his renewal? It took them 12 weeks to get to this decision and that’s without asking for anything from anyone else! As a LP and having to work very low hours in a minimum wage job, I’m dependant on this money and losing it will be awful, especially as I will also I lose over £100 a month off my tax creditsz

Fairylea Mon 31-Dec-18 18:04:18

I understand, we would be in a dire mess without the extra money and extra tax credits money too.

I do think you can request a new form and reapply from scratch though. It might be worth joining one of the dla forums on Facebook and asking. You’ll get a lot of replies - most more knowledgeable than me!

Good luck.

Fairylea Mon 31-Dec-18 18:04:31

*even though it’s a renewal

Loserinlove Tue 01-Jan-19 10:17:53

Surely they would have all his info though and it would just get chucked back at me?

Shineyshoes10 Tue 01-Jan-19 12:43:21

This is what the DMs use.

Here is the gov.uk website stating what the criteria are for middle and high rate care.

Despite both of these it really depends on what DM you get.

Loserinlove Tue 01-Jan-19 13:38:07

Thanks shiney. My problem is they have taken something out of one letter (amongst LOTS of papers I sent) and purely using it on that basis because my child told a professional his sleep was fine. I’m going to try to get hold of that person Thursday to see if they would write a letter. I’m hoping that would help??

Has anyone been through appeal process?

IntentsAndPorpoises Tue 01-Jan-19 19:26:29

They can only use what you give them each time, not previous information. If you made a new application then you could leave that letter out or get it rewritten?

Loserinlove Tue 01-Jan-19 19:31:46

I’m hoping to try to get a letter from the professional...

Surely they will just throw it out as they already have all his info.

Fairylea Tue 01-Jan-19 19:34:23

I don’t think it works like that. They don’t keep old copies of everything and even if they do it’s highly unlikely they would go through it all with a new form and documents in front of them. I would genuinely send in a new form, leaving out the report / document that doesn’t support what you want it to and just hope for the best. They can accuse you of anything if you just leave it out.

Fairylea Tue 01-Jan-19 19:34:40

Can’t - not can

Loserinlove Tue 01-Jan-19 19:40:11

But it’s a renewal? They told me I can appeal it (I have 4 weeks to do so) but said if I didn’t appeal then from end of this month it will be at the lower rate. They also said it still gets paid at lower around all the while its being appealed. They do keep old copies as about a year ago I asked them for a copy of my original form as I stupidly didn’t take a copy and they sent it to me in the post....

Polter Tue 01-Jan-19 19:49:45

How old is he?

Night time needs will vary by age, can you compare what a typically developing child would be doing to your Ds? Eg a typically developing child should be able to go to toilet safely by self during night at X age but your Ds needs support to do A otherwise B might happen. A typical child might be able to occupy self at X age if they wake but your Ds needs you to do A because otherwise B.

Loserinlove Tue 01-Jan-19 19:51:25

He’s 12. I have trouble getting him to sleep and also randomly will wake at 3am or Amy other time that’s still night and will get up as ea awake and he sees its time to start the day. I can’t leave him unsupervised so have to get up and stay up with him.

I’m just annoyed as it’s no different to what was on the form 4 years ago and they’ve just decided to drop with no change.

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