Dla MR refused now to appeal!

[Gbishywoo]

So my sons mr for dla mobility was refused, he’s 3, I’ve added a letter but blocked out personal information, does anyone know what I can add at appeal? He gets hrc but only for a year, this has been for the last 3 years!

At 3 DC can only get high rate mobility. DC can’t be eligible for low rate mobility until 5.

There are 6 ways of qualifying for high rate mobility. They are:
Unable or virtually unable to walk because of a physical disability.
Severely visually impaired.
Deaf and Blind
Severe Mental Impairment
Double amputee of legs at ankle or above
Without both legs to the same extent as if they had been amputated at the ankle or above.

Now, 2, 3, 5 and 6 definitely don’t apply. For 1 and 4, you have to prove every part of the relevant flowcharts in this document. The evidence you have posted doesn’t do that for either of them. If either 1 or 4 do apply, you need to evidence every part of the test.

For example, one way of showing someone is unable or virtually unable to walk because of a physical disability is by showing the effort to walk would result in a serious deterioration of health. But to do this, you would need evidence the falls mentioned were a result of the effort to walk and not a lack of sense of danger and it would help to have evidence to expand on what is meant by ‘significant damage’.

Another way of qualifying would be to prove the ‘refusal’ episodes meet the virtually unable to walk criteria. You would be better not calling these refusals because DWP sometimes then see them as a choice. Better to call them interruptions. And you would need more evidence of things like how often the interruptions occur, how far DC can walk and what happens during the interruptions.

Hi
thank you for your response!
I am already aware he can only qualify for HRM but I do feel he does qualify, this letter is just one, we have sent over 40 expanding on these issues already including letters stating he has significant autistic tendencies and traits, they have had letters from nursery stating that he falls constantly due to balance and pain and he refuses due to pain. He can literally walk 5/6 steps without falling over 😓 if he falls badly it could cause significant damage his bones as he has the bone capacity of 60% and he has a calcium phosphate and vitamin d deficiency

he is a 100% autistic to and we are literally just waiting on a diagnosis x

Then you need to explain exactly why DS meets each part of the flowchart and reference evidence for each part. Many have to appeal.