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Original poster

Help dla tribunal tomorrow and really nervous!!!

12 replies

BanrockStation · 19/10/2010 18:42

I have a child who is 11 and has asd/adhd. They have a normal IQ but apart from that they meet all of the criteria for high rate mobility. Am really scared and just wondered if anyone has been there before and if they have any advice for when I am in there. Thanks in advance!!!

OP posts:
Lougle · 19/10/2010 18:56

Well, you have a great chance if the only criteria they have refused is IQ, because the case law surrounding that goes in your favour Smile

I take it you have used R(DLA)/100 which specifically deals with that issue?

I would say keep it simple, but clear. Your DS has a physical impairment (ASD) which is an arrestment of brain development. He may have a high academic IQ, but his ability to use his intelligence for every day life is severely impaired, and he is therefore severely mentally impaired.

tibni · 19/10/2010 20:22

I went to tribunal a few years back and was very nervous. It wasn't as bad as I expected. I hadn't really thought about the fact it was in court - I took my manicure set in and passed the metal detector, didn't even think about it until after!

My renewal forms have just arrived so about to go through it all again. Lougle I will google the R(DLA)/ 100 - thank you for the information.

Best of luck BanrockStation

Original poster
BanrockStation · 19/10/2010 21:02

Thank you for your supportive messages lougle and tibni. This has been going on for over a year now and it is really getting to me. I really can't see how IQ is relevant when you have a child with such high needs as mine. I am even doubting myself to be honest but my CAMHS doctor has said absolutely you should go :( She has sent a letter explaining why we meet all of the criterias but even that was turned down. Will let you know how it goes, thanks again :)
Oh can I take someone with me? My mum is coming....

OP posts:
pokhara · 19/10/2010 21:13

Hi can I ask have you done the tribunal stuff by yourself or have you sought help and if so who from, I too will be going to tribunal but I feel out of my depth. And good luck for tommorow its so horrible that we have to go this far x

tibni · 19/10/2010 21:23

I had someone with me (someone from social services who helped me with the initial form) - but she wasn't allowed to sit with me.

To be honest ds is my specialist subject and I think I may have gone on a little Blush. The type of questions they asked were just about our everyday life - adaptions that we have to make, how we organise things.

I took a picture of ds to keep me focused.

In my tribunal there was a rep from DWP who was given the opportunity to question me but didn't (probably just wanted me to shut up!).

Original poster
BanrockStation · 19/10/2010 21:40

pokhara - i have mainly done it myself but had some help from the CAB with regards to my submission. That was great as she quoted dla law and case studies so helped a lot. I have just looked through all of the paper work and it makes for horrible reading and it's all true as well. Almost feel guilty for talking about my child like that, not nice at all :(

tibni - do they ask questions about everything or just the focus - high rate mobility? am so worried that they are going to cut my benefit :( and that itself made me want to pull out but the way i see it have come this far need to see it through. can i take notes in with me and look at my original forms???

OP posts:
tibni · 19/10/2010 22:07

I had loads of stuff with me - forms, extra paperwork, notes (kitchen sink!)

ds is very low functioning and very impulsive. He doesn't sleep and runs, drops to the floor and needs constant support to keep him safe. Our initial award was middle for care and lower for mobility so I was fighting for both.

It is difficult - I took tissues and did feel emotional but my anger at the injustice took over.

Original poster
BanrockStation · 20/10/2010 10:32

thanks tibni. i know what you mean about being emotional i feel very teary this morning. will take some notes and just say it from the heart, nothing else i can do. wish me luck. will let you know how it goes.

OP posts:
tibni · 20/10/2010 14:49

A heartfelt Good Luck - please let us know how you get on.

We were last case of day and as someone kept talking Blush we ran over so I didn't get the decision on the day. I understand it varies from place to place if you will know if you have the award. It is also standard that you will be told that DWP can appeal against the decision made.

Good Luck

Original poster
BanrockStation · 20/10/2010 21:19

omg thank you. can't believe it took 5 minutes and they awarded us high rate care and mobility for the next 5 years!!! so happy, for once no battles :)

OP posts:
daisy5678 · 20/10/2010 21:49

Yay - I had that too - it is a great feeling!

tibni · 20/10/2010 21:55

Brilliant news - well done.

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