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Original poster

DLA tribunal next friday, aahh!

37 replies

jjones · 18/08/2010 22:28

after applying for hrm last june and being turned down twice, we have the tribunal next friday, 27th august.
Ds is 4.2 with asd, sld, possible adhd and developmental delay, he functions at about 20 months. He is on the 91st centile in his height and weight and is very violent.

The reasons for refusal where that as we where trying to teach ds pecs then he was capable of useful intelligence, and so he refusal to walk and his meltdowns are nothing to do with his disabilities and only behavioural.
Today I sent more evidence to the tribunal making sure I covered every point in the decision makers guide and R(DLA) 1/00.
I sent copies of his final statement, a report from nursery, one from salt, a developmental check list and letters from camhs and his paed and a cover letter highlighting the key points like his lack of speech and understand, the need for constant supervision and his unpredictable behaviour.
I just hope I have done enough and I haven't missed anything.
Now I have done all this I am starting to get really nervous about it.
Sorry about the long post, I needed to get it all down, just a bit worried about the decision.

OP posts:
Original poster
jjones · 18/08/2010 22:30

The reports also say that pecs was withdrawn as he hated it and was having a meltdown just by seeing the book.

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MiladyDeSummer · 18/08/2010 22:45

Interesting reason for refusing Hmm poor you. I'm going to have to go to tribual too I think, still waiting to hear but if they can do this...

It sounds like you have it all covered especially the reports about the PECS book.

Sounds horrid but (needs must) is there any way you could film DS, on your phone while he's having a meltdown or refusing to walk? Depends what sort of evidence they accept but I think I've heard of people who have done this.

Good Luck Smile

daisy5678 · 18/08/2010 22:49

I think you have a very strong case - my appeal was similar except J doesn't have any delay or sld but they still accepted my point that violent meltdowns were not choices, but were caused by autism!

It wasn't at all as bad as I expected it to be Smile good luck.

(oh, I did win, by the way, and got a lot of back pay and some 'special payment' compensation for all the hassle...so J got a party out of it in the end)

coppertop · 18/08/2010 22:51

That is a truly shocking excuse for refusing DLA!

I don't have experience of tribunals but wanted to wish you the very best of luck for next Friday.

Original poster
jjones · 18/08/2010 22:52

I had thought of filming him but never seem to have my phone near me. We have decided to take him with us as my bil who is representing us suggested so they will be able to see it for them selves, should be fun!

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Original poster
jjones · 18/08/2010 22:58

giveme glad you won, it is good to know. The back pay would come in handy as ds has destroyed most of the furniture in our living room including one of the sofa's

Coppertop, some idiot from medical services wrote "this lad is capable of being taught pecs so refusal is a conscious decision"

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daisy5678 · 18/08/2010 23:57

I really really wouldn't take him. Seriously. They won't like it (as it's recommended that you don't take young children) and will see it for what it is and won't like being manipulated.

They do talk shit. My refusal (initially for any DLA at all) had something about J having no learning disability and so therefore he should have no needs above a child his age. Which was clearly why he had a full-time Statement and eventually got awarded higher rate then Hmm

Best of luck - sounds like you've got the evidence you need and they're just trying it on. They probably don't even understand what PECS is, tbh.

daisy5678 · 18/08/2010 23:59

This is wby the Coalition's lovely idea about medical assessments will not work properly for children without physical disabilities: you have to know something about that disability to be able to make decisions about it. And the Decision Makers at the DWP seem not to understand much about autism.

Original poster
jjones · 19/08/2010 00:44

I don't really have a choice but to take him with us as I have no-one to look after him. Bil has said he has taken other kids who he has represented with him, he works for welfare rights, but I will ring them in the morning and ask. I agree about DWP not having a clue.

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Lougle · 19/08/2010 08:28

Oh don't I have just sent DD's renewal in and have stated my case for her to have HRM this time.

Hands up anyone who would find it easier to get HRM compared to having a child who can walk safely beside them? Thought not Sad

daisy5678 · 19/08/2010 09:47

The magic words for high rate:

severe mental impairment which causes severe impairment of intelligence and social functioning caused by arrested or incomplete development of the brain (autism is accepted as arrested development of the brain) which leads to reckless/ ddangerous behaviour which regularly requires restraint and the child is entitled to higher rate care.

Or something.

Those are the bits that are burned into my brain.

willowthecat · 19/08/2010 10:20

Their argument about PECS does not make sense - to me anyway

PECS users are assumed (rightly or wrongly) to have developmental levels below 20 months which is the level you feel he is at. PECS uses behavioral conditioning to teach communication not NT age 'intelligence' which is what is generally needed for road safety education. But their reasoning seems very confused overall.

Original poster
jjones · 19/08/2010 14:00

I agree willow it is crazy, ds's paed got very angry when I told her. I think they are trying it on. Nursery are the one's who have said that is about where he is. That is a very useful link I have bookmarked it.
Giveme they have stated on the paper work that they agree he has arrested development of the brain and he does receive hrc, but said that he is too little to need restraining, yeh right he is in 7-8 year old clothes.

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cansu · 19/08/2010 16:43

I did a tribunal for the higher rate mobility component with my ds, aged 9(severely autistic) as he often refuses to walk and has very unpredicatable behaviour. I had supporting letters from my GP and son's social worker as additional evidence to counter the DWP's argument that my son was making a rational, reasoned choice not to walk! We argued that he wasn't in a position to make a reasoned choice as he was too overwhelmed with anxiety and sensory overload to walk reliably. Anyway got all worked up for the actual day and they conceded before going in to the panel! The rep from DWP said that he'd looked at the evidence and didn't know why I'd had to go that far. It seems to me they reject your claim because they expect most people to be too disheartened to go for the tribunal. Also about a week or two before the hearing they sent me a letter asking if I was sure I wanted to go ahead! Good luck with it, I hope you have a similar experience. You sound like you have very strong case. It's very boring to keep fighting these stupid battles but I seem to spend most of my life writing letters and fighting with every agency to get what we need!

Original poster
jjones · 19/08/2010 17:06

cansu I am glad to hear you got hrm, I hope it does go our way. I know what you mean about fighting with everyone.

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pokhara · 19/08/2010 19:17

my ds too was refused hrm, and after 22 weeks of waiting for a decision they told us in july that not getting it. this week sent off appeal to them, but just know they are gonna refuse it again, i mean, does my son have to be run over before they will take me seriously. any way who do i get to help me at tribunal?

Original poster
jjones · 20/08/2010 02:21

The first refusal for ds took 24 weeksHmm dont know what they where doing as they got a report for paed within 2 weeks then waited for 20 to request one from nurseryConfused.
Get in touch with your local welfare rights of carers centre they should be able to help.

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Original poster
jjones · 26/08/2010 23:03

Getting really nervous now. I just can't wait for tomorrow to be over. I have got everything crossed.

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sugarcandymonster · 26/08/2010 23:11

Good luck, it sounds like you have a strong case. Haven't done a DLA tribunal but my SEND tribunal wasn't as bad as I thought it would be.

rainbowsky · 26/08/2010 23:51

Good luck for tomorrow.
We had to go to tribunal for hrm for ds, think he was 4 is now 9.
Your ds sounds very similar to how mine was then.
Take him with you and try not to take too many things to distract him, cruel as it sounds you need them to see exactly how he is functioning and if that means a big kick off then so be it.
When we got to tribunal I took all the supporting evidence we had plus all the relevant reports from profs with us and the 3 representatives did'nt even bother with the appeal they just told the dwp rep how ridiculous it was that his case had not been settled earlier.
Does he start school in Sept? Is he going to ss or ms? Not that it should make a blind bit of difference but in the experience of other parents at ds school that once they are in ss for some reason hrm is awarded with much less hassle.
Good luck and let us know how you get on.

Original poster
jjones · 27/08/2010 00:24

Thanks rainbow, ds is starting school next week and he has a statement. He is going to an asd unit within an ms school as the ss didn't have room, I am taking a letter with me which say's that tomorrow. I am taking him with me for that reason, so they can see for themselves.

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roundthebend4 · 27/08/2010 07:13

good luck hope it is sorted ,

pokhara · 27/08/2010 08:31

good luck to you, how long til you find out the decision after today?

Original poster
jjones · 27/08/2010 09:15

Thanks for the luck. I have no idea how long it will be I have been told they well tell me there and then.

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PolarEyes · 27/08/2010 09:51

good luck, hope the decision goes in your favour