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dla mob turned down at appeal help please

4 replies

pokhara · 19/10/2010 16:05

Hi i'll try and give you the picture. Oct 10 ds (now 4.7 months) was awarded dla high rate care and not mob< at the time i was so made up we had got something i didnt bother appealing the mob. Yes ds is under 5 years of age, and he does need the mobility. So a few months later in january i decided that ds really should be getting the hrm and so called the dla office to request a change of circumstances, abouut a week and a half later i recd the adult forms, i tel the office and a man said that this would be fine and that it is the same as the child form, 2 days later after reading through the form i was not convinced so called the office again and a lady said that the man was wlrong and she would send me the childs forms. I recd them and sent them back, they recd them on 11 feb 10. They wrote to me to tell me that this would be the date for the change of circs, i disagreed as i had req it 5 weeks earlier and it was their fault they sent the wrong form.
I called a few weeks later and was told on 27 feb the form was passed to a decision maker, i was hopeful then that this would be dealt with quikly, i was advised at the most 11 weeks. On the 11th week i called and was advised that the dm still had it but had not looked at it!!! as you can imageine i was upset, they hadnt even written off to the paed or even looked at the form,them followed another 11 weeks of me calling twice a week and them lying to me, them losing the files, the dm being off sick and passed to 2 other dm's, they sent the paed letter at 11 weeks after i complained but didnt chase it until 19 weeks and only after i complained again. so much more to it all than i have put, anyway at 22 weeks they gave me a decision, 3 jul 10, not awarded hrm. I called them req a written statement of the decision, and was informed i had until 18 aug to sent appeal in. I received the written statement of the decison, they put, Under Virtually unable to walk "ds makes a conscious decision not to walk". This was the only reason and the only words they used, nothing under severe mental impairment, even though they had told me previous they had referred it to their doctors under severe mental impairement, so in fact they havent even given me a decision on that!!!!! I researched and crossed referenced everything i found with my son and sent in about a 60 page report which they received on 18 aug, i called then a week later to find out the time scales for the appeal and they advised it would be treated as a new case and would take a further 11 weeks!!!! I contacted my local mp and se wrote to them asking why it had already taken 9 months to get this far and why it would take another 3 months. about mid sep they wrote to me req permission to contact ds'sschool for a report. I refused permission as ds has only just this year started school and had only been there less than 1 week and i didnt feel that they could give an accurate report on my ds at this time. On 5 oct 10 they wrote with their decision, refused again, with 1 month to write for tribunal. A few days later the mp wrote to me attaching their letter of response, they had told me mp that i originally only req a review of ds's claim on 25 jun 10 and that a decision was made on 3 jul. I am soooooo angry that they have purposly mislead my mp in an attempt to not make themselves look imcompetant. I called dla yesterday and a lady on a team told me that they only have info dating back to 25jun 10 on their system for some reason but that correct info would be on the file, well why did the offial corresspondance team look throuhg the god damn file for the right info, how un professional, especially for the team that deals with M's etc. I was unable to speak with the lady direct as she doesnt talk calls, instead i was promised a call back, but as of yet this has not happened, not suprised. I also asked why i had not received all the paperwork to do with ds's claim as requested in aug, the lady advised that the request was on the system but nobody had yet done it, i also requested a written statement of the decision for this time, which will leave me with 6 weeks from 5 oct 10 to put in writing to them my reason for tribunal. i havent even had the info i asked for in aug, i asked for this so that i could tsrta preparing for tribunal myself.
I now find myself in a tangled web, i do not what to do next, i do not know if i can get help towards the tribunal, i am soooo mad at tehm it is untrue, by the time this goes to tribunal it will be over a year since i asked for the change of circs, ds's claim is up for renewal jul next year.

I know it is hard for under 5's to get hrm, but ds's really needs it, i had to get a loan from someone just to buy a car earlier this year as we cannot travel on public transport with ds, and i cannot get around with him without one. New paed i saw last week agreed that ds problem is that his brain is not working as another childs should, and his new special school teacher has picked up even more things about ds that i didnt know, he is colour blind too, i found out last week, i am in a right state and need some guidance please

i am sooooo sorry this is so long and prob awkward to understand but any advice would be greatly received. many thanks.

OP posts:
daisy5678 · 19/10/2010 17:27

I had a very similar problem and I won the tribunal under severe mental impairment - I just had to get the evidence together and the Tribunal was adjourned for the psych's evidence.

I then got it all backdated and compensation too - quite a lot, I think - called a special payment for time, distress, inconveniece etc.

Pixel · 19/10/2010 18:30

"ds makes a conscious decision not to walk"

This is the same reply I got when I asked for a statement of the reasons for the decision. Also the same about completely ignoring any mental impairment. I think they must just send out a standard letter as none of it seemed to relate to ds at all.

Apart from that, what difference does it make anyway why he doesn't walk? He's 10 but wearing aged 12/13 clothes and I'm 5'2". I don't think the fact that he's 'deciding' not to walk makes it any easier for me to move him!

Sorry can't be much help as we seem to be at the same stage as you, but good luck anyway!Smile

Lougle · 19/10/2010 18:44

I can't be much help, really pokhara.

DD1 is 4.10 and my renewal went in on 17th August, and we received the decision letter after 12 weeks. DD1 got HRC from 12/2008 until 12/2010, and I asked that they upgrade her from HRC to HRC/HRM on renewal.

I filled in part 6 & 7 with SMI + behaviour as my 'route', but they decided that she is 'virtually unable to walk given regard to speed, time, manner and distance of walking.'

Unfortunately I don't know what makes her 'virtually unable to walk' in their eyes, IYSWIM.

In case it helps, DD1's issues with walking are:

-Wobbly walker with ataxic gait.
-Can't go out unrestrained (crelling harness or Mac Major) because of no sense of danger and impulsive.
-Drop attacks (epilepsy) although none since Feb 2009.
-Brain malformation, so 'physical' disability, like ASD is.
-Can walk a fair distance, but tires easily and unpredictably, then will just lie down wherever she is for a rest, even in the road.
-When she refuses to walk she rolls around kicking, screaming, clawing at grass, etc., no reasoning with her.

WRT evidence, I sent in all Paed reports since her last claim, statementing documents, portage summary for the special school etc.

I put '0' for the distance she can walk without severe discomfort, and wrote beside it "incapable of independent walking without restraint at all times when out"

I also asked them to have regard to R(DLA)/100 when making their decision.

I do wonder if the fact that the paed had seen a recording of DD1 in meltdown (where it took 45 minutes to move her 80 metres and had to be rescued by DH walking a buggy down from our house) and the fact that the Paed referred to this recording in his clinic letter, saying that the episodes seemed 'behavioural' to him, helped.

Also, all her statementing reports from professionals involved in her care said 'no sense of danger' 'runs away' 'escape risk' 'can climb out of enclosed areas' 'impulsive' 'tires easily' 'wobbly' 'unable to avoid collisions' etc.

Lougle · 19/10/2010 18:53

Pixel it makes a difference, because the rules are clear that if a claimant 'won't walk' as opposed to 'can't walk', then the claim has to be refused.

So no matter how difficult it is, if a child is simply being 'wilful' they don't qualify, whereas if it is accepted that at that moment in time they can't walk, then this is regarded as 'temporary paralysis' and qualifies.

If a child on balance is 'temporarily paralysed' more often than not when out in unfamilar places (outdoors), then they satisfy the rules, even if there are lots of occasions when they don't refuse to walk.

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