dla appeal - help please very unsure on what to do

[Twinklebum]

hi my ds is 7 he has had a dx of ADHD since he was 3.5ish (not on medication tho) i was previously awarded mid rate dla for him, however after renewing his award i have been told he is not entitled to it. i have got as far as the decision being looked at again and they have still declined it. I have been advised that i can appeal against this decision and have got the form for it.

Im very unsure as to what to do, do i have to have a representative, if so who?? Would it make much difference especially as they wouldnt know my son.

Is there any point in doing the appeal as they seem to have made up there mind?

Also his school doesnt seem to me on my side which i think isnt helping as he is very bright (yr 2 child in a yr3 class) but just because he is bright doesnt mean he doesnt have difficulties.

Can anyone please help me with this?

Twinkle to qualifynfor the middle rate component you must show that your DS is so severely disabled, physically or mentally that he requires frequent attention from another person throughout the day in connection with body functions.
Continual supervision throughout the day in order to avoid substantial danger to himself and others.
Prolonged or repeated attention at night in connection with bodily functions.
Another person to be awake at night for a prolonged period or at frequent intervals to wathch over you in order to avoid substantial danger to himself or others.
This menas he must have either daytime or night-time attention or supervision.
If your DS falls in any of these categories, then it is what a challenge and you will need to go to the nearest CAB for advice , it will be helpful if you can provide a letter from your DS's professionals who work with him;showing he is indeed entitled to this.
Going by what you have said..i seriously doubt you will succeed..

Twinke these are the guidelines to make an effective claim.
If you need more infromation, am happy to help as i deal with this all the time.

Hi relish i do not feel that mid rate is required for him as he is not as seriously as affected as some but do feel that low rate is needed to help him.

Did you use the cereba guide Twinkle?

id advise getting PP or CAB to help fill in the new form this time ,taking copies of yr previous forms where you were turned down and your original DLA claim where it was awarded to see what is different as they might be able to look at how you filled out the form to see why you might have been turned down this time , HTH

Twinklebum your job isn't deciding whether he qualifies, or what rate he qualifies for. That is for the decision maker.

Your job is filling in the application form to the best of your ability, detailing the day to day care needs that your son has as a result of his disability.

You may, as a parent, see the criteria and think 'my son fits the description for low rate care/mid rate care/high rate or low rate mobility/high rate mobility.

You may, as a parent, decide to emphasise the areas you feel your DS qualifies in, to the Decision Maker.

But you do have to have in mind where you are heading, as justabout says, so that you can ensure that you are providing enough detail.

Did you use the Cerebra guide for DLA? Did you get any help with the form?

You need, at this stage, to look at the detailed reasons for refusal. Then compare their reasons with what you know of your DS.

Keep a diary, note down every time you have to say something to direct, calm, guide, or assist your DS.

Note every time you have to intervene to protect him. Alternatively, if he is passive, note down every time you have to stimulate and encourage him to do something.

More crucially, really think about what would happen if you didn't do it.

Remember at every stage, that your DS will be being compared to a 'typical' child of his age. That is to say, that all 7 year olds need some assistance with hygiene. What you have to show, is how the assistance that you give your DS is in excess of that of a typical child of his age.

Typical, in this situation, is 'not exceptional'. So they couldn't say 'well a very immature 7 year old would still need....', they have to use the benchmark of an unremarkable 7 year old.

You also need to demonstrate that everything you do is because of his ASD. So explain why he requires this assistance, and what would happen if you didn't do it. Even if it is as vague as 'if I didn't do this, I would notice his stress levels rise over a period of 2-3 days, and he would start self-harming'.

You can do a paper appeal, but the success rates are MUCH lower than with an in-person appeal.

hi all thanks for your replies, i did not use the cereba guide i didn't know about it till long after i filled out the forms. Also which doesn't help is i really do not know what a 'typical' 7 yr old is like. he is my first ds and have no experience of other boys of this age.

i did start writing a diary of events but found it difficult to find the time between dealing with the issues and coping with my other 2 ds as well. I think i'll try and attempt this again tho.