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Children's health

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DLA Mandatory Reconsideration 2023

874 replies

Mumofboysteamginge · 11/02/2023 10:58

Hi, I’ve been following the DLA wait times thread since I applied for my 7 year old son in October. We had the decision yesterday and it was declined 😭 I was absolutely devastated.

We applied because my son was involved in a serious RTC (we were going on holiday with our friends, he wanted to travel in their car following us, a car came round a bend missed us but hit them head on) understandably he struggles with the fact he was the only one in the car and blames us for letting him in there). He was the only one awake and conscious in the vehicle, he has chronic flashbacks, normal everyday life things (sirens, bangs, travelling, weather conditions and so on are triggers) they send him into a state of survival and all his rational thinking is gone. Nights are horrendous for him, he lives like his life is in constant threat, he fights sleep and often gets dressed in the middle of the night so he’s ready should anything bad happen. Flashbacks are more prominent through the night.

school are aware of his issues. Now he’s under CAMHS school have been asked to stop any mental health interventions as this could interrupt the trauma therapy. hes happy at school because of the structure and routine, no real unpredictability etc.

anyway I’ve done this tread for anyone going through MR and hope we can all support each other through the process!

xxx

OP posts:
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Mumof2DLA · 06/09/2023 14:46

I was in the same position, my son is diagnosed asd and adhd and they initially declined his claim however it was overturned when I sent in his MR and done the same sent further reports and evidenced each point as to why they declined, after a further 3 month wait it was overturned and the awarded him HRC - no mobility (I didn't claim or refute mobility in his MR as he doesn't require it) in total my wait time was 9 months approximately.

Sent forms: January 11th
Scan date: 22 Feb
Declined: May 28th
MR sent and recieved: May 30th (via email and phone call to DLA)
MR change of decision: 30th Aug (Thursday)
Back payment recieved: September 5th (Tuesday)

Hope my timeliness helps anyone!

SpaceRaiders · 06/09/2023 17:19

@Mumof2DLA A further 3 month wait?! Its appealing how long they take as it is, I’m glad your decision was finally overturned.

Scan date was 17/4. We were refused 18/8. I guess one way to look at it is we would have had all her assessment reports back by November, so I can send those off to support the MC too. I should probably start Dd1’s in that case too.

Mumof2DLA · 06/09/2023 18:58

Yes I was baffled as to why it would need to take a so long but they told me as your effectively asking for another DM to look at the claim it basically goes back into to the waiting list, such a long drawn out process but thankfully my son is 6 years old and he's been awarded high rate care until he's 12 before I have to re do the whole process again (with luck and alot of hard work now I hope his needs won't be as high!)

Fingers crossed for everyone's claim! 🙏

Chuggychall · 05/10/2023 23:42

Hi.

Am just wondering if anyone is still waiting for a mandatory reconsideration.

DD was previously in receipt of DLACH and DLAMob Lower. Missed the deadline for renewal so completed a new claim.

Scan date of new claim was 26/05/2023.
New claim refused 26/09/2023.

Called and asked for statement of reasons, and received that 02/10/2023. The reasons for refusal were absolutely ridiculous - They claimed they had no evidence available, that I had put on the claim form that we go on family walks and referenced the page etc, and stated that her needs were no worse that a child of a similar age (absolute BS) Luckily I kept a copy of the claim form that I submitted and some of their reasoning was a complete fabrication and outright lies - I honestly couldn't believe what I was reading.

I called DLA on 03/10/2023 and made a complaint as I submitted a ton of evidence in the same envelope as the claim form, so I wanted to know where the evidence had gone - The person on the phone stated that she could clearly see the evidence that I submitted, yet the refusal letter stated that no evidence was made available - I wrote a MR and posted it recorded delivery - It was received on 04/10/2023 - Anyone with recent experience know how long MRs are currently taking, and does anyone know of any advice services that I can go to should the MR be refused?

Also, has everyone received a text messaging confirming receipt of the MR, as I haven't received anything?

Sunshinekitty4 · 09/10/2023 11:35

Hi All

We are also going through the MR process as when I submitted the renewal claim it was declined and a long statement of reasons not all really applicable but main point was they don’t believe my DD requires any additional care compared to other children her age. She has complex needs which aren’t black & white! She has diagnoses of low self esteem & anxiety, hypermobility, Dyspraxia which I had provided medical reports for with my first DLA claim. She has an active referral for ADHD and has referrals made to paediatrician and physio for adolescent idiopathic scoliosis. The unfortunate thing is until I have these reports there is no new evidence to support the claim.

I completed the MR form which I posted recorded 1st class (received 28th August) with a report from a consultant child psychologist who has worked with my DD previously. I also wrote a lengthy day in the life of my DD and broke down every part of the day to be able to demonstrate what extra support is required. I received a letter on 18th September from DWP to say it is under review and should be notified within 11 weeks. When I spoke to an advisor to check it had been received before I got the letter, they advised you will receive a letter to confirm if successful or not, no text messages like the usual system!

Really hope it’s a positive outcome for everyone going through this. It is another battle along with everything else..,

SpaceRaiders · 11/10/2023 21:19

I’m in the process of MR, I was told 5/6 weeks for it to be looked at again. Ours was declined on the 18th August, I waited for the statement of reasons which were pretty poor. Our MR was then scanned 5th September and the decision was finally made yesterday for LRC and LRM.

I don’t agree with it given DD’s care needs but thankfully she’s since had two diagnosis’s but we’re just waiting for the 20 page report which we should have in the next week or two, then I will appeal the MR decision with late evidence, at the very least she should really be getting the middle rate of care. If all else fails then I’m prepared to go to tribunal.

FWIW I received no text but I did chase weekly after the 4th week. I hope you get the result your dc deserves!

Shauna2866 · 15/10/2023 20:11

I’m waiting on hearing back from MR I have heard they do more than likely say no again but I have sent in more evidence and my reasons to why I think there wrong for refusing one of the refusals was they said my son isn’t under SALT when I sent in the evidence from salt to show them he’s under them! But no apparently he’s not 🤦🏻‍♀️
my HV has done a supporting letter raising her concerns so we will see but I know the answer already!! But unfortunately have to go down this route before the tribunal! X

Mum0f4delights · 31/10/2023 07:20

Hey all, I’ve sent MR in, twice…..first hadn’t been signed for so sent again 🤦‍♀️
Do you get texts for MR’s? Or is it just a waiting process again?
This is such a frustrating process…….hope you all get the answers/results you need 🤞

Sunshine4446 · 31/10/2023 11:31

Good luck with your MR 🤞🏻 Unfortunately it is quite a long waiting process! They will write to you with the outcome. You can call to check the status if you don’t mind being on hold for a while.

Unfortunately our MR was unsuccessful 😔 I am starting the appeal process but not really sure how to to go about it. Is there any support out there for building a case to put to a tribunal? I feel like giving up but I won’t for my DD.

Shauna2866 · 31/10/2023 12:24

My son got awarded I waited 2 weeks and the decision maker rang me and said he wasn’t even looking at the new evidence as my original evidence and claim form was enough for him to award it
shocked they rang me tbh but just glad it’s over with now ! X

Mum0f4delights · 31/10/2023 15:45

Bless you it’s hard isn’t it, I think I will just wait 🤦‍♀️
im assuming it just depends on dx and how much evidence is sent in. I have no idea how it works.

Do you have a local advisory centre that can help you with the appeal?

Mum0f4delights · 31/10/2023 16:15

Bless you, bet that was a massive weight of your shoulders!! It makes you wonder what they are doing when they are looking at the claim in the first place. X Pleased for you and your little one though x

Shauna2866 · 31/10/2023 16:24

They tried to say well the original decision maker stated no child will be seen by salt until a child turns 3 years of age even though the evidence from salt was there in black and white showing them he’s been under them since he was 14 months old so the new decision maker said he has no clue why they would say that when the info was there and he can only apologise!

I wasn’t going to do a MR until my HV said to do it as I read loads of bad stories about them never turning the decision over but I suppose you only ever hear the bad ones and never the successful ones!

hopefully shouldn’t be to long for anyone that’s waiting now I waited just over 2 weeks!

x

Mum0f4delights · 31/10/2023 19:38

@Shauna2866 Thats shocking really, maybe they have some rule book they have to go through? 🤔
we will never know, unfortunately however at least the outcome was a good one.

@Sunshine4446 i did reply to you above, not sure if it directly went to you? Just saying about advisory services? I’m not sure who are the better options tbh 🤷‍♀️

Star2386 · 31/10/2023 21:51

I done mr on the 24/10 does anyone know how long it takes please

Star2386 · 06/11/2023 22:27

Have you heard back x

Shauna2866 · 07/11/2023 04:28

@Star2386 MR’s are taken between 3/4 weeks mine was done just under 3 weeks the decision maker called me and made his decision over the phone .

Star2386 · 07/11/2023 08:15

Thanks for letting me know x

Mum0f4delights · 08/11/2023 10:05

@Star2386 i called last week and was advised about 5/6 weeks however I’m not sure how accurate that is, because I have no idea how many they have to get through!!

im going to give it til the end of the week and maybe call again. 🤔

Star2386 · 08/11/2023 10:32

2 people told me 2 different times one said up to 3 weeks the other told me 6 weeks I’m nearly 3 weeks in so god knows

Mum0f4delights · 08/11/2023 11:11

@Star2386 bless you, I can genuinely say I empathise! I guess at least it’s not as long as the original wait, either way it’s stressful 🥲😩 xx

hope you hear soon xx

Star2386 · 08/11/2023 11:21

The wait is awful please let me know your decision when you get it I’m not far behind you and good luck to you too I really hope don’t have to go though apeal to so stressful

Star2386 · 08/11/2023 14:25

Not long after I put my reply to you a decision maker called to ask some questions and to say il hear soon she was lovely too x

Mum0f4delights · 08/11/2023 17:41

@Star2386 oh that was quick, and that sounds promising 🤞
did you send much back in for the MR? I am so anxious it’s unreal, I think they wouldn’t ring if they weren’t trying to clarify something xx

Star2386 · 08/11/2023 17:51

I wrote a 6 page statement and told them over the phone and they wrote it down I just won’t it over with now but prob have to go through apeal too :(😥