Turned down for dla

[SparkleRainbow]

What a surprise, I saw it coming, but the reason given is upsetting and just wrong. They said they acknowledged ds's care needs with washing dressing incontinence, but have decided they are not that different from a normal 7 nearly 8 year old, they also acknowledged physical disability but said that he is not in danger of falling, despite 9 hopsitalisations in last 12 months, multiple calls to school due to falling each week, school's risk assessment describing the falling etc and injuries which result...... Feel like crying. I have rung them up and been told to request a reconsideration, then go to appeal if that is not satisfactory. What do you think, feel like giving up, no-body else cares about my ds anyway, why should I expect or hope anyone to help, no-one ever does.

Definitely appeal Sparkle. I get middle rate care and lower rate motobility for my son and he is not incontinent or as prone to falls but needs help with washing and dressing like your DS. Terrible - get someone who knows about these forms to help you with the appeal.

Did your ds have to see a dla doctor sparkle ??!

Yep, but dla dr didn't know much about the condition, he hadn't read the form, and ds wouldn't let him examine him, so I knew that was going to go badly.

I phoned up when ds was awarded the wrong (in my opinion) level care component.

I had a long chat with a lady who made remarks such as 'but all children are like that at that age' etc. I pointed out the differences of why that was so obviously untrue-I was expecting then a letter to go to appeal,but got a letter upgrading him- just from the phone call-

If you believe you have a case (which you patently do !) you cannot give up.I think in my case the woman I talked to was giving me their stock answers and when I could challenge them,had the authority to review his case.

I know it's hard and things shouldn't be such a battle;but just stay strong-take a deep breath (a glug of whatever you fancy) and carry on

That's bloody ridiculous, it should be based on the evidence you already have, my ds wouldn't let a stranger near him either ffs

I agree tho, they do tend to turn down first claims, was talking to a girl last week whos son has a form of brittle bones has been turned down

sparkle, is there anyone who can go through the form with you to see if there's any area that could be tightened up/reworded? Do you have a physio who might do this as you said your ds condition was physical?

What kind of society do we live in where it appears to be standard practice to turn everyone down at first, so only people with energy to fight carry on? Oh no sorry what was I thinking no-one cares about the most vulnerable in society.

I should pluck up the courage to ring them again to check how long I have between them sending the letter refusing him and reconsideration and appeal. Think they said four weeks for appeal, but it will take 7 to 10 days to get the copies of the reports used, so I am going to be running out of time if I have to write for reconsideration and possibly appeal in that time.

I checked the form with ds's class teacher who has filled them in with her disabled dh, and used someone elses successful form as a template. We have a physio who I can try and ring to see if she can write something that might help. It clearly states in the form that ds is in constant dnager of falling due to physical condition and that falls can result in permenant damage and death.

When you appeal straight away without asking for a reconsideration, the decision automatically gets reconsidered first by the DWP, before being passed to the appeals service (if they choose not to change their decision). There isn't really any advantage in asking for a reconsideration as appealing takes both steps in one go, and should result in a slightly quicker appeal hearing. It also means you definitely won't run out of time for appeal.

You also have a much better chance of success at an appeal tribunal, which is a complete rehearing of the case and entirely independent. The DWP do not often change their decision.

I know I am not on top form at the moment, but god this is all so confusing. So is there a form I need to fill in to appeal, or do I just write to request an appeal, and send it any other evidence I can lya my hands on?

Phone up first and request a reconsideration and say why you might not have to appeal?

I know this sounds really petty but when I did dd3s I was told to go into every tiny detail and be really specific about why she falls. So I wrote things like, dd3 trips often due to ataxic gait, when she trips she will fall because of poor core stability, she will put her arms out to break her fall but because of low muscle tone and lack of strength this has no effect and she will land on her face resulting in severe bruising, cut head, nose bleeds etc. Because she trips and falls often she has to hold hands when walking outside ect. Apologies if this is what you have done or is totally irrelevant.

No not irrelevant at all, and I didn't do that. I wrote thing like he has very poor kinesthetic awareness, gross motor control as a result of condition, which cuases him to fall regulkarly, and when he falls he dislocates and subluxates joints causing pain,permenent joint damage, paralysis, urnary incontinence, and possibility of permenant quadriplegic paralysis and even death.

He does have very poor core stability too and I didn't mention that. Oh god have I messed this up?

No you've not messed up at all, you've just come accross a total arse that read that and thought, ah, totally average then It'd be interesting to see if they did request reports, I can't see that if a dr said the same they wouldn't award.

I shall be furious if the paeds were requested to write a report and they wrote something stupid. When I rang yetserday when I got the letterthey said they couldn't see anything with a medical report code, not even the dla dr report, so it is a bit of a mystery to me, if I stand back a bit from all the emotion.

could you ring the person you put down to be contacted and ask if they were? If they haven't been contacted you could ask them to do a report that you could use now for your appeal/reconsideration.

That was classteacher, so can ask her when pick up ds today! She woulod do a report I am sure, and it woukd detail level of care needed and number of times he falls!

We had a change of result with "reconsideration". That's the first step.

Good luck x

Sparkle, we went from being turned down to getting HR mobility, MR care. Just from asking them to reconsider.

You can ring them and ask them to reconsider (they might ask you to put the request in writing). Also, ask for them to send you a copy of the information that they used to reach their decision, including a copy of the completed form if you haven't got one.

Your social worker will have a phone number for your local welfare benefit office,you should be able to request that someone comes out and helps you with the appeal .However this is one of the services that is being cut in my area.

I have lodged a request for a reconsideration with letter and evidence to follow from me. I have requested copies of all the reports they said they used, have to wait 10 days for those. Thought I could better target my reconsideration arguements with that info behind me.

Thanks everyone.

hey i care thats why i'm posting this link the system is all wrong i have several friends with disabled children who are up against the same thing i think if you lie an cheat you obviously get more !!!!!what a joke