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Original poster

DLA appeal help

26 replies

Anono2022 · 27/09/2022 15:41

Hi

This is a longshot but is anyone able to help me with a DLA appeal please?

I cant access citizens advice during their opening times and can never get on over chat.

Many thanks

OP posts:
northernlola · 28/09/2022 14:42

Don't know any of the child's circumstances obviously but my child receives DLA. Which rate are you trying to get? We get lower rate care. You really need to break everything down and spell everything out. It is time consuming but works, my applications have been accepted straight away both times.

So for example, lower rate care involves extra care of about an hour a day compared to another child. I wrote things like: administering medication.. getting the right dose from the bottle, persuading child to take it, cleaning up = 3 minutes, 3 times per day.

You've got to spell the needs out like that rather than talking generally about the child/the problems you face. Then they cannot dispute it. Good luck.

Lougle · 28/09/2022 15:20

Anono2022 · 27/09/2022 15:41

Hi

This is a longshot but is anyone able to help me with a DLA appeal please?

I cant access citizens advice during their opening times and can never get on over chat.

Many thanks

Very happy to help.

TigerRag · 28/09/2022 15:21

Are you keeping a diary?

weluvbluey · 28/09/2022 15:22

Also happy to help we have been through mandatory reconsideration

Original poster
Anono2022 · 28/09/2022 17:08

Hi all. It's really complex to be honest. He was declined at MR due to consistent lies from old school. Now he has moved school the help is phenomenal. Support is in place from CAMHS, SALT and OT and awaiting Paediatrician due to sleep issues and incontinence but old school said all this was in my head. New school have identified needs and implemented strategies/supports straight away. He has only been there 3 weeks! But old school persisted he was fine, age appropriate and its all in my head. I basically made a complaint about their failings and they turned it all on me.

The DLA report from the doctor arrived 4 days after the MR was declined but basically backed up what I've said and confirmed his meds, diagnosises, referalls and awaiting assessments for autism. What I dont have is any report from CAMHS, SALT or OT as all said they want to do one big report each rather than mini reports each time he is seen. A TAF meeting concluded that there are no concerns with me (I was reported for horrendous things following my complaint) and all reports were found to be false, but now EVERYONE is working together to support my son.

What do I do? I strongly believe my son deserves to be awarded. His sensory needs are complex, OT has discussed Dyspraxia and visual Dyspraxia with me. He has OCD, anxiety, learning difficulties, incontinence, poor sleep routine and is being put on the MAA. He won't let anyone near his hands or touch his belonging. He is very impulsive when out, he has no sense of danger and purposely hurts himself as he doesn't feel pain. He needs help with self care and dressing supervision from hurting himself, it feels never-ending.

What can I do?

OP posts:
Lougle · 28/09/2022 17:46

You can appeal using the letter from the doctor. You can set out your reasons why the mandatory reconsideration came to the wrong conclusion and then use statements from the doctor's letter to demonstrate why he qualifies.

Original poster
Anono2022 · 28/09/2022 17:49

Even though the doctors report is very brief?

OP posts:
Ariela · 28/09/2022 18:00

Absolutely appeal.

Original poster
Anono2022 · 28/09/2022 18:19

I have no choice but to appeal. But im worried I won't be able to get past old schools lies

OP posts:
Lougle · 28/09/2022 18:21

Do you want to PM me and send me a copy of the letter? I could tell you if it has enough detail to be useful.

Lougle · 28/09/2022 18:22

Although I'm surprised that the letter is so brief? Was it a paediatrician letter? They tend to be quite lengthy. Or was it a GP letter?

Original poster
Anono2022 · 28/09/2022 18:35

No it was a factual report that the dla requested from the GP. So what he could say was limited really

OP posts:
KikoLemons · 28/09/2022 18:44

I don't think you will help yourself if you keep talking about the school lying. They may disagree with you, they may have misunderstood the full picture, they may not have witnessed some of the behaviour but if you accuse the school of lying, (to what end?), it won't help. Better to be factual, clear, say their reports are out of date, the people who are commenting didn't know him that well, they didn't observe your son in all situations, etc etc

Betternottoask · 28/09/2022 18:47

If i remember correctly, you only have a limited time to lodge your appeal so appeal now on strength of the evidence/report you already have and your own reasons for appealing but ensure they know that you are awaiting other evidence/reports, giving them reasons why these aren't immediately available. If DWP then want to contact the various agencies to confirm this/request the reports earlier, then they will. It may take a while longer to get a decision but, if successful, payments will be backdated
Good luck

Lougle · 28/09/2022 19:14

KikoLemons · 28/09/2022 18:44

I don't think you will help yourself if you keep talking about the school lying. They may disagree with you, they may have misunderstood the full picture, they may not have witnessed some of the behaviour but if you accuse the school of lying, (to what end?), it won't help. Better to be factual, clear, say their reports are out of date, the people who are commenting didn't know him that well, they didn't observe your son in all situations, etc etc

I agree. Most schools don't see the issues our children face. That's often because children mask, or manage to hold it together, etc.

Who filled in the 'someone who knows the child' section for you?

Original poster
Anono2022 · 28/09/2022 19:23

I haven't told the dla they have lied. But they have and it was proven.

Noted about keeping it factual but I don't know how to get past their report.

I'm going to contact other agencies to see if they can confirm their involvement in writing and where they are with everything

OP posts:
Original poster
Anono2022 · 28/09/2022 19:25

School refused to fill it in and said they would only engage over the phone. They never wanted to put anything in writing and tried to stop me having a paper trail of my concerns which I raised regularly

OP posts:
Lougle · 28/09/2022 19:32

Anono2022 · 28/09/2022 19:25

School refused to fill it in and said they would only engage over the phone. They never wanted to put anything in writing and tried to stop me having a paper trail of my concerns which I raised regularly

It doesn't have to be a professional. It can be anyone who knows your child.

Original poster
Anono2022 · 28/09/2022 19:48

Oh right. I listed lots of people involved but they chose school.

It's a shame as things are so different now in terms of the support from the new school and services.

Can I ask once I appeal does it get rechecked and reconsidered OR does it go straight to being offered a court date?

OP posts:
caringcarer · 28/09/2022 20:10

If your child has incontinence issues are they at night? If he has an accident state how long it takes to get him up, showered, bed remade etc and state how frequently this happens. Does it make extra laundry compared to a similar aged child who does not have incontinence issues. With sleep issues, how frequently does he wake in night? How do you settle him back down, how long does it take? You have to spell everything out.

Lougle · 28/09/2022 20:16

There should have been a section in the form that someone could actually fill in for you.

www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/dla-appeals/challenge-a-decision-the-tribunal-hearing/

Since Covid they've tried to decide on paper prior to the hearing.

OnlyOpenMouthToChangeFeet · 29/09/2022 17:32

Go to Benefits and Work

www.benefitsandwork.co.uk/

It's an excellent site, run by people with benefits and disability experience. They have published guides on how to complete forms for all benefits, including DLA for children. There is also a forum for advice for others. To use the site in full, it is necessary to pay a small annual fee, but in my experience is well worth it. I have always managed to be awarded the appropriate rates for myself and my children just on a paperwork assessment.

"For almost 20 years, our guides, training, forum and newsletters have helped thousands of claimants, carers and their support workers to make the best possible claims and appeals.

Join the Benefits and Work community to get the correct award of PIP, ESA, UC or DLA."

lp0903 · 02/11/2022 14:00

Hi,

If it helps I'm going through the same thing. I had a MR overturn a decision of not being awarded DLA, but then a report under the name of SENDCO but filled in by the teacher last year (she never listened and denied things) then was sent in and they decided the school knew more than the Drs, CAMHS and myself. So again it was stopped.

I have done another MR as it was classed as a new award, but has been told that school is listened to more than a parent, hospital, GP, CAMHS etc which is shocking.

The school, ironically, are now asking asap for an appointment to meet with me to discuss my child as they are concerned about him. It is the same issue I had with my daughter. She is ASD but a masker. So because she wasn't a bother they didn't care. Even though now it is so bad she can't cope, they didn't care as she wasn't a child throwing a chair across a classroom.

Annoyingly, my child has YMCA counselling, one to one support, help with wetting and SLT..... but the teacher last year said none of it was an issue suddenly and it all stopped.

I think I will end up going down the appeal route and although with my own disabilities this is the last thing I need, I am also ready to fight. Just google statistics on appeals. It will help you.

I also know first hand of after a tribunal letter sent in, within a week a PIP assessment so not only agreed but was even more than they thought and helped with work capacity.

I hope you are ok.

Original poster
Anono2022 · 02/11/2022 19:00

Thank you. I'll have to have a Google for the statistics but I'm so scared about it all. Mostly because I cannot believe I am having to even do this. We have this unbelievable team around us, all supporting my son and the need for official diagnosis. Their evidence is amazing in support of him and this claim, but I feel I have been made to look a liar all because of his old school. His new school are so different. They are allowing assessments and doing everything asked of them. Our experience is the opposite of the last 4 years but my son has only done one term at his new school so is too early days for them to really say much. He was at his old one 4 years, the DLA aren't going to take the word of a new school of only a term over a school of 4 years. That said the opinion of his old school somehow went over all the agencies and assessments he has had. It baffles me.

I've appealed online and am submitting all the evidence I have gained in recent weeks from the team around him. It blows my mind that he hasn't been awarded to be honest but here we are. Welfare Rights couldn't help me as it was at appeal stage and not a new claim so I did it on my own.

I feel my only downfall is the way I've responded. I'm a mother in despair. Our life is really hard and I've most likely not worded things correctly.

OP posts:
Shellbel10 · 22/11/2022 18:00

Can I ask if anyone on here has been successful with their mandatory consideration claim. My sons claim has recently been denied therefore need to do mr