Any DLA assessors?

[Thehonestbadger]

I applied for high rate mobility for my 4.5yo DS. He was awarded HRCare but turned down for the HRM. He is very very strongly documented. We applied for it under the severe mental impairment element.

I won’t list everything out but when I say every element of the criteria (I’ve got a copy of the award criteria) was met and evidenced, it really was. They provided a reasonable explanation In their letter as to why DS was refused ‘virtually unable to walk’ which was absolutely fair as we didn’t apply for this, he can walk. They didn’t give any explanation for refusing SMI, just glossed over it and said it had been considered.

DS’s specialist school told me it’s common. They suspect it’s age related but the minimum award age for HRM under SMI is 3 years old so DS is eligible! There is absolutely no contesting that DS is severely mentally impaired and not comparable in any way to an average child of the same age. I’m taking it to mandatory reconsideration and his school/disability social worker are producing even more evidence to add to the mass I already sent.

Is there any insider knowledge to how this works? I’m essentially writing a letter at the minute spelling out that it’s unethical to turn down a child who meets every single element of the criteria and is within the award age simply because they think he’s ’a bit too young’ 🤦‍♀️

Im hearing from everyone that SMI is just borderline impossible to get for a child of his age regardless of how extreme their situation so I feel a bit hopeless. When I told his disability social worker (30 years experience) that they had turned him down her response was ‘oh for g** sake’!

I don't think I can help you but my son sounds v.similar ( he is 17 now though). He had HRC and LRM from 3, but I did wait until 5 to apply for HRM. Things might have changed but I'm sure back then HRM was only available from age 5 whatever the criteria.

I applied for HRM and was rejected, despite so much formal evidence. Did an MR addressing how he met each point of SMI rules and how it was evidenced, then they awarded him HRM but under Virtually unable to walk? I did not understand it at all.

He can walk by the way but even at 17 requires 2:1 care.

HRC is regularly turned down when you first apply and awarded at appeal. Get started on the appeal process straight away

Many have to appeal, but it is possible to get HRM under SMI for 4 year olds.

HRM is available from 3. LRM is not available until 5.

Sorry i am not an assessor but i know that letter - i got dla for one of my DS after a bad road accident which left him wheelchair bound at first. As soon as he could get out of the chair, he did and he was pretty able on crutches but his foot was still under reconstruction with healing grafts that he could only wear a hospital moon boot thing. No shoe would fit.

It was that awful winter of 2010 with tons of snow so he certainly still needed a lot of help getting about outdoors.

I let them know his condition had improved and his dla was stopped completely.

With the letter that mobility is only paid out to those who are virtually unable to walk or who can walk but walking puts their life in danger.

I didn't have the mental strength to argue it so we just gave it up especially as DS was on the road to full walking again.

I don't know how they do it

Then I must have applied for LRM at 5, then HRM later. It was a long time ago! I just didn't understand awarding him on VUW instead of SMI.

Not an assessor but my son can walk, he can run very fast in fact and I wrote this but then he can be completely unable to walk the next day, he has a wheelchair to use when necessary. He was awarded low rate mobility. We appealed when he turned 5 and it was awarded high rate

@LegoLady95 VUW can still apply even if DC can physically walk.

Im not am assessor buy i did go tribunal for HRM under SMI when my son was 9 and he got awarded,
It'd certainly not impossible to get it from 3 but it is difficult to prove at a much younger age ,
All you can do is point to all the reasons why you feel your son qualify, s on the MR ,if its unsuccessful take it to tribunal.

Agree you should go to tribunal. It's a different set of people looking at your claim. DWP do like to say no and hope you give up.

I do understand this, but I still don't know why he was awarded under this criteria instead of SMI, which he very clearly met then and now. I guess it doesn't matter, just didn't make sense to me. He is physically very able and can run fast, which makes being out in public even more risky.

Virtually unable to walk can also include very extreme behaviour that makes it very difficult to walk safely anywhere, there can often be a overlap between VUW and SmI my son was awarded under SMi but think he.wouid probably also qualify under VUW.

It’s very hard to get if the child is under 5. Father your medical evidence and appeal.

HRM for 'virtually unable to walk' includes consideration of whether the child can make meaningful progress on foot. If a child can't/won't follow instructions to walk in a particular direction, or refuses to walk, or runs away, or requires restraint, then they can be considered 'virtually unable to walk'.

For the SMI criteria there are 5 tests that must be met. If even one of the tests fails, then it doesn't matter how well they meet the other 4, the SMI claim will fail. Ironically, sometimes going to special school can count against a child because the environment is safer, so they need less intervention from staff. DD1 didn't require restraint at special school because it was a safe, locked environment with CCTV. If she had in mainstream, the restraint would likely have been daily.

https://contact.org.uk/help-for-families/information-advice-services/benefits-financial-help/disability-living-allowance/claiming-dla-higher-rate-mobility/#smi-rules

This fact sheet is helpful at breaking it down and showing what evidence you might be able to offer.

How do you apply for HRM? I thought it was just filling in the form and they make the decision? X

You do complete the form and a decision is made (which may or may not be the correct decision).

If he also has behaviour at risk to self and/or others then you’re right to go to MR and you may also need to go to appeal if that isn’t successful. They will likely change their decision before it actually goes to tribunal - but many parents won’t want to take it that far which is what they are banking on.
good luck!