I won DLA at tribunal for my child - AMA

[Iwon]

Hi all.
I have after more than 2 years of waiting secured higher rate mobility under the SMI rules for my child at DLA tribunal.
I couldn't find much about tribunal itself when i was waiting, so if you are interested AMA.

Congratulations! I’ve just put my paperwork in today for tribunal. Did you need to explain all the history of your child’s needs or were they up to speed when you arrived? Did you go in person and were they friendly?

I went in person yes to the local court.
There were 3 people on the panel, a Dr, a Judge and a disability expert.
The DWP did turn up.
The panel were friendly and knew all the history.
They asked me questions and clarified some things I'd written.
They questioned the DWP.
Then we all left the room.
I was told I won on the same day.

Good luck - I waited 2 years for the tribunal.

Congratulations!

Was this your first application? I also managed to secure HRM and HRC at tribunal. It was awarded for three years. When this ended I had to reapply and was automatically given the same but for two years. I've just applied again and I'm really nervous about them changing the award down and having to go back to MR and possibly tribunal.

What is DLA?

Thanks...and congratulations
My child had HRC since infancy so it was the age 5 application for mobility. Given LRM but I felt it was wrong and decided to fight it. As it's backdated 2 years and was for 5 years I'll do it again in 2027.
Like you it worries me that it could be reduced then....we shall see.

Disability living allowance

Did you get a back payment?

You do get the back payment in one sum yes.

Thank you. Having read the decision makers guidelines I think if my child is awarded the same again it will be until they are 12 so will need to reapply in 2027 also. Fingers crossed for us both not having to do another tribunal.

What’s SMI

Did you need to lodge all the evidence you sent with your application to tribunal or do DWP do that?

How do you feel?

A victory in that you have it or angry because you shouldn't have to go to these lengths in the first place?

Severely mentally impaired.
Its a category of DLA which awards the high rate mobility element.

The DWP just put in the bundle whatever you present.
You have opportunity to add more evidence to the bundle even on the day.....but they only look at the situation for the child on the original application date.

I feel mixed really.
I feel vindicated that my childd needs are recognised but cross that so many of us have to go through this.

Congratulations I did too when my son was nine ,.

My son was awarded. HRC and HRM under SMI when he was nine ( he was originally on MRC and LRM)untill.he was 12
When I renewed it at 12 they rewarded HRC and HRM for a further five years until the day before his 17 th birthday so I didn't have to go.to tribunal again.

Hi
I believe my child meets this criteria as well, why were you turned down originally?

How did you explain your child's needs because I struggle to put it into words

Turned down originally because school report said ' enjoyed the Christmas play!'

Then on MR another daft reason, then another. I answered each one and it was not overturned.

I wrote out each of the necessary SMI criteria and then wrote a paragraph of how child met it and sent it to tribunal.

Hth. Good luck

Impossible, rejecting because a child enjoys Christmas play. Next they will say no eligible because they blink their eyes therefore they have no needs. My report also says enjoys outdoors.

I'll keep appealing it
Thank you so much

I think the implication was that SMI could not apply if a child could enjoy something - ie their brain is developed enough to feel/show enjoyment, and therefore the severe mental impairment could not apply.

It's disgusting. And thankfully the judge agreed 💪🏻.

Appeal all the way x

So pleased for you that you won!

Thank you. It was a long haul.

How long were you awarded for? Did they extend it?
I am waiting because my son was awarded aged 1, he's complex and this shown due to his self injurious behaviour at such a young age hence a successful young award, and I'm waiting for the mobility papers. I want to apply for an extension otherwise I will need to do these papers and apply again several months later which seems silly because no diagnosis will improve in those months and I know he will be as severe because he's been like it for 1.5 years no improvement on needs or growth.

What evidence did you have to show the smi?

We had HRC till 2027, and they put HRM to the same date.
If yours are months apart you could do a change of circs aged 5.

I followed the SMI HRM flowchart and provided evidence for each point - from school, disability social worker, paediatrician, consultants, OT, physio etc.

Good luck