DLA TRIBUNAL

[Imnotacelebgetmeouttahere]

Does anyone have any experience of DLA tribunals and can offer any advice?

I have one next week and feel like I know what I need to prepare but could potentially be missing something.

We were awarded middle rare care for our 4yr old ASD but PDA profile,sensory issues, selective mutism etc.

I believe she qualifies for higher rate because of the night care she receives. She is on melatonin but it only assists the Intitial falling asleep - she then wakes several times between 10-1am, requires nappy changes, resettling and supervising - usually 10-30mins a time - and then is awake for the day from 3am latest usually. She has anger issues and screams endlessly, is violent to us and self harms hence the need for supervision.

DWP have stated that as I have to get up with her that's me " starting my day" and therefore doesn't count as nighttime care

I had one for esa a couple of years ago. I was so nervous, but the one I went to was very informal and the judge and doctor were very kind. I had legal representation with me and I couldn't tell you what questions they ask,as they read my documents and ruled in my favour immediately

Unfortunately I have just had my esa stopped again this week, so I will have to go through it all again despite my condition being unchanged I fucking despise this evil government and I'm so sorry you are having to go through it too. Good luck and please come back and let us know how you get on.

Can you get CAB involved? It might be too short notice for them but they're the best people to support with tribunal. Gather as much evidence to support your case but don't be surprised if you don't get more. These days you're lucky to get any kind of award at all and tribunals can reduce as well as increase your awards.

Whenever I have applied for DLA I have been under the impression that night, for their purposes, is from when the family home closes down for the night, i.e. when people generally go off to bed, until when people generally get up. It's not laid in stone but I've been advised between 11-6 is generally considered nightime. Not many people choose to start a day at 3am. All the best