To ask whether anyone has successfully overturned a DLA decision handed at appeal? I am expected to find a mistake in the law?

[Namechangesenmum]

Would appreciate any advice here as I appealed and the original decision was not overturned

I underatsnd that I cant appeal based on disagreeing, but they've got it wrong 😢

I'm not an expert in this area but I'd think that it depends on what you mean by 'they've got it wrong'. Are you saying that the facts of the case are wrong? Or that the way they applied the law to those facts is wrong? Or that they have actually got the law wrong?

I receive DLA for my child, both care and mobility. Could you elaborate on the stage you’re in, situation etc?

You would need to prove that the first tier tribunal erred on applying a point of law - first point would be to check the law very carefully
DM me if you don’t want to say on here why you believe the panel were wrong

This sounds like you want to take it to upper tier tribunal? It can be done if there are grounds, but it’s a much slimmer chance of success. Do you believe there are grounds, ie. That the lower tier tribunal erred in their application of the law?

You might be better off making a new claim.

Have you got an award at all, or none? Is this an appeal for high rate mobility? Those are very specific.

It is high rate mobility

Under smi rules as he is autistic and non vernal

Might be worth contacting this group
https://www.fightback4justice.co.uk/wp-content/uploads/2023/10/High-Rate-Child-DLA-Mobility-Including-SMI-Factsheet.pdf

How old is your DS?

7

My understanding of claiming DLA/PIP isn’t that the claimant has a condition but how that condition affects their day-to-day life.

So you could you have a list of conditions as long as your arm but if they do not affect your day-to-day life then you get nada. So the emphasis should always be on the struggles rather than the named condition.

No, you're not 'expected' to find an error of law.

You went to a tribunal, they decided against you because your child does not qualify.

There you go.

How can you possibly say 'they've got it wrong' when you clearly don't understand the criteria?

And what are the rules JaceLancs?

What have you got to offer?

Theres no need for this. I am asking for help as we are struggling.

Does your child get high rate care component?

There needs to be night time care for higher rate dla. Does your child have night care needs and, if yes, did you provide suitable evidence?

My son is SMI and non verbal. He didn’t get high rate mobility until he was 9 even tho his needs have been pretty consistent.
I know with DLA you need to prove your child needs more help than neurotypical children of the same age.

When you say they got it wrong, what exactly do you mean?

Being autistic and non-verbal doesn’t mean the criteria for SMI are met. Some will be autistic and non-verbal but not eligible for HRM under the SMI criteria. Did you look at the SMI flowchart in this document? Did you have evidence that each point is met?

These are the criteria:

For High Rate Mobility Component

1 - Gets DLA Care at the high rate because of a need for care during the day and night, most days and nights, and

2 - has arrested or incomplete development of the brain

3 - that causes severe impairment of intelligence and social functioning

4 - and exhibits severe behavioural problems

5 - that regularly require another person to intervene and restrain

For Low Rate Mobility Component

Most of the time, requires guidance or supervision when outside on an unfamiliar route that is substantially greater than the guidance and supervision needed by a non-disabled child of the same age; or that a non-disabled child of the same age would not need.

https://www.legislation.gov.uk/ukpga/1992/4/section/73

https://www.legislation.gov.uk/uksi/1991/2890/regulation/12

I absolutely agree re fightback as linked above. Good luck.

Could be his young age. The older he gets the more "different" his situation will be from those in the same age group. That's just my anecdotical experience.

You need to be very clear about WHY he needs so much support. I might be wrong, but just from what you have said here, it sounds like you expect your child to get higher rate mobility BECAUSE he is autistic and non-verbal.

Simply put, he won't, because those won't be criteria. He might do because he can't move around safely because his lack of spatial awareness means he often needs guiding so he doesn't bump into things and his lack of awareness of danger means you can't risk him moving into areas that aren't safe without supervision. This could mean that he often needs supervision even at home and definately outside, and that outside he needs to either be safely harnessed in a large buggy, or have an adult right beside him, because otherwise he might bump into things or run into the road. Now you have a clear reason why his mobility isn't easy and independent like a typical 7 year old's.

Hi - thank you, did you try applying before then? I am going to have to apply again

He gets high rate care, low mobility. And he needs it. I stupidly described him as docile in the appeal, because I didnt want to be unkind about him

🥺 stupid honestly

My son is SMI. He doesn’t have incomplete or arrested development of the brain but all the others. He has had HRM since he was 8. The only difference on this form from the others was his need to be restrained as he was getting bigger and stronger I added it to this form whereas I didn’t before.
he was awarded LRM and I recieved the letter. Thst evening the decision maker called me and asked about the restraining and he overrode the LRM with HRM. I didn’t even know cases were re looked at once the descision was made and the letter was posted.

From 3 YO he got HRC and LRM. I never questioned the mobility just accepted the LRM as I didn’t think he qualified for higher.

i know it’s soul wrenching but you need to use the worst day as a basis for answering the questions. I would feel like rubbish for days later but it needs to be truthful.

Well, if he hasn't got a state of arrested or incomplete development of the brain, then he doesn't have a severe mental impairment and the other criteria would be irrelevant.

The five rules are applied in turn, you have to tick the first box before you can go on to the second etc