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 😢

Which professionals ? Benefit advisors would advise that it's fine to explain a worst day but absolutely in the context of how many days are worst days. A person could have a worst day once a year but these benefits are based on how someone is on the majority of days, well it is for PIP, not sure if it's the same for DLA.

PIP has a very clear cut most days rule called reg 7

For DLA the rule is less explicit, but it's still an assessment of what difficulties you 'normally' have.

And normally = mostly.

My son was awarded HRM under SMI, but the criteria is so tough.
You’re probably best reapplying rather than try to find an error.

You don't have grounds for a further appeal.

Anyone who said you do would not be supporting you, they would be leading you on.

@MesonBoson - I agree any benefits solicitor would be unlikely to offer help based on the OP posts
The interpretation of the law is very strict and specific - I do know but can’t say my position

that may be your issue. Describing him as docile and sweet doesn’t portray severe behavioral issues. The thing that changed from my son getting LRM to HRM was that he needed restraining to keep himself and others safe due to behavioral issues. He can be violent, biting scratching kicking and lashing out. He was also destructive with property, throwing things etc tho not so much now.

That's enough now. Stop.

I’ve reported, a mother is asking for help with an already vulnerable and challenging circumstance, then you get some numpty kicking her even further.

id ask for others not to engage.

Read back.

I have given her a complete explanation of (and links to) the rules along with links to government guidance.

I've made it clear why her child dosen't qualify.

That's help.

You might not like the tone, that's mutual.

Actually, I haven't given a complete explanation.

The list above should also say:

6 - The behavioural problems are so severe that the child needs watching whenever they are awake

Higher rate is about night time care generally - does he require frequent care during the night?
My nephew is autistic and requires constant supervision in the day, but because he often sleeps well once he actually goes to sleep (wakes around 5am) it doesnt meet criteria for higher rate care.

Are you dure he got under SMI ?
Some children with extremely challenging behavior csn get under VUW
There can be an overap my quslifiedd under SMI but im pretty sure he would also qualify underVUW.

It will be the chromsome disorder
My sin jas a chromosome deletion
Hes also severley autstic
When he was awarded HRM under SMI they used the chromosome disordsr for the arrested incomplete , development of the brain criteria.

He was given his LRM award. I recieved it through the post. Thst night a descision maker phoned me and said he was looking at it again due to SMI. He asked me about him needing to be restrained and he changed the award to HRM due to it.

the chromosomal issue wasn’t found until 7 years later when we took part in the 1000 geonomes study

The best thing that helped me was having professional evidence from social workers/ doctors/ specialist nurses (including health visitors) or school that specifically stated that the person was not capable of performing the task/ action described in that category.

In my experience the panel will take that much more seriously than any narrative - however well written - provided by the applicant.

It's not a particularly adequate system, because the professional may well have documented what you've told them, but it makes all the difference. The judge stated during the appeal "you have clear evidence that X meets the criteria for this category", even though I'd described that exact situation in both the application and appeal.

You may need to harass professionals to provide this evidence. I also did a subject access request for all medical/ professional records that clearly documented all observations/ appointments, and I would recommend that any DLA/ PIP applicant did the same for supporting evidence for applications. I have had had two initial refusals overturned at first stage appeal and then tribunal.