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.

I have been waiting 3 years - his renewal has been through all ready maybe 4 - we finally have a date 22nd April please advice

What do they include as SMI my son has ao many mental health issues that affect all areas of his life

Its about the ability to function in everyday life so for my son hes nearly 15 but cognitvly around 2 or 3 he goes to a special school for children with severe to profound learning disabillities ,he has a very basic understanding of the world around him and needs 1:1 supervision to keep him safe at all times ,at school hes working at pre school levels
For some children although their cognitive ability is unaffected ,they are unable to apply that to every day life
It basically states in the criteria that children with SMI will need 1:1 supervision the whole time they are awake to keep them safe
I think a pp has posted the SMI flow chart so hsve a look at that and if your child meets every criterea and that you can reference they do.

Im going to tribunal April 23rd - my daughter behaves in school but they and other organisations have witnessed her outbursts (which I deal with on a daily basis) Ive sent in video evidence of her behaviour both at home and out and about. Just wondering because she behaves in school if they will agree with the DWP ??

My child has no issues in school - they do go to a specialist unit. I talked about masking in my DLA application and provided the EHCP to evidence the other huge needs required on the SMI list.
I wasn't asked anything in tribunal about school except how do they get the there (taxi & escort, in a car seat provided by the local authority).
I was asked about restraint, sleeping and whether they can ride a bike.

Good luck

Hi Thank you - I have just uploaded her EHCP to the additional information supplied, not sure why I didn't do it before. She goes to a specialist school - she's even had her IQ tested (44) which they added in with her Autism and ADHD report. Fingers crossed and thank you for the support and your post.

Hi - I just wanted to say thanks again for your original post and all the information you gave. I sent in the EHCP as well as videos last week. I was at court this morning - I sat down and they introduced themselves, they said they had reviewed all the evidence and that the extra I had sent was very helpful, they then said we find in favour of the appeal and that I would be getting the higher rate mobility - I didn't even speak. It just shows that pushing forward and appealing does work xx

@Katey252 that is great news. Thanks for sharing the result. We still haven't had a date yet. Can I just ask how old your child is? We want to get the diagnosis of SGDD changed to SLD and get an ADHD diagnosis but keep getting told our child is too young at 6. I think videos might help, so thanks for posting about that.

@Soukmyfalafel My daughter is 10 (just turned earlier this year) - I re applied in April 2023 - and then decided to do change of circumstance end of sept 2023 - so 8 at that time - decision came through March 2024 - then did MR that was denied and so to appeal. The Judge did like the videos and I also put in the EHCP and I did a diary over a month. I also sent in her art work and writing sent home from school. I went through all the criteria for each point - I watched a video on Youtube by contact - obviously looked at this thread.

Thanks that's really helpful and pleased you got the result you wanted. I found the reasoning after the MR was very poor. My son has a 1 to 1 at his special school because of PICA, so I think it's going to be difficult for them to decline us.

Katie amazing news well done you 👏🏻

Soup I do honestly think will pica you will need to demonstrate the SMi criteria. For this look at the gov website or capita website. Look up the SMI rules and flowchart and be aware you have to tick every single area.

Just to let you all know it’s been over 2 years since applying for dla, today had the second appeal(first was adjourned) today won! Was initially given no award, nothing on MR. So keep fighting everyone 🤞🤞

Just want to report that we have won ours too. We were in the room less than 5 minutes. DWP did not turn up. Panel were very nice and didn't even ask any questions. We submitted ALOT of evidence though. We now have HRM (unless DWP appeal decision, which would be shocking because they didn't even turn up to the FTT). If anyone wants help with appealing for HRM based on SMI please post here or DM me.

@Soukmyfalafel thats amazing news! Well done
dla turned up at mine, and when asked if they had anything to input just said no!! I hope you do not get any issues from them, ❤️

Well done guys.
Dwp did turn up for mine and couldn't give the judge relevant answers 🫣

After over a year waiting just got my dla tribunal date September can anyone help me with this am so scared

I have been waiting over a year a just got my date for tribunal I. September wot do I expect an wot is best to say an do

So so happy won the tribunal for HRM
For my child waited 2 years for this at a tribunal under SMI judge backdated 2 years award originally would of ended in may 2026 judge awarded until 2031 for both HRC + HRM
Judge & Doctor was very understanding I took in a letter from specialist SW and letter about someone who knows my child on the day of the tribunal
DWP didn't turn up! They said they have a lot of evidence in front of them and just asked a few questions about how my child is on a daily basis.
We were told to wait in the waiting.
Went back in with an award letter sitting on the table in front of my chair.
Yes judge said we have awarded you with the HRM was so happy thanked everyone and walked straight out , was such a happy feeling, felt angry too why DWP put me through all this.