TRIBUNAL APPEAL DLA high rate MOBILITY for DS ASD

[mompa]

Hello - does anyone have experience of success at appeal for DLA HRM. They say my DS is not severely mentally impared because he can do a shape sorter, count to 10 and put on pyjama bottoms if laid out. He does not really know what counting is and has no functional language and cannot answer questions etc. He is very dangerous to himself outside but they say he poses no threat to others. Any advise greatly appreciated. I feel like giving up as though I am a fraud but it is near on impossible to take him anywhere due to lying on floor xreaming and running off. He does not undestand danger at all. Hope soemone can give advice

i tried about 6 months ago to get mobility raised from high to low, had help from social services adn the private school DS goes to which stated that on trips out he needs 1:1 and sometimes 4:1 if its a crowded area or walking near a road due to lack of awareness and a danger to himself and because he is now 10 and a tall strong boy who cannot be physically moved by one person if in a meltdown BUT it was refused.

Oh dear Bonkerz I'm sorry to hear that- I have had support fromPortage nursery and Paediatrician bit they still said no. Did you attend tribunal?

no, social services actually pushed me to apply as a way of cutting my respite (which they did anyway) and offered to pay for a solicitor to do it all for me at tribunal BUT we have DSs review in July so im currently re filling in the forms anyway and will see how we go from there with the re assessment.
(am currently due to give birth in 34 days so didnt want the hassle if im honest!)

I was successful, I made sure I told them that during a meltdown he endangered himself, me, and any members of the public within kicking distance.
Therefore a fast getaway was required so I didn't have to half carry half drag him miles to the car.

Oh and also that for the same reason he needs a special needs buggy which I bought myself

Hi hanna88 - many thanks. Did you go to Tribunal ?where did you get special needs buggy?

It didn't go to tribunal no, I got it first time. Wanted it for the blue badge more than the money but it's all useful.

I found a good second hand one on eBay for £75

someone here offered me to buy hers but my
phone broke for a week so nothing ended up coming through and I didn't want to assume she had text me in case she was busy and i would have sounded rude

Possibly you may not have been successful because the not understanding danger and needing close supervision sound more like routes to qualifying for the lower rate.

They tried to say that my DS' behaviour was not extreme enough and that he wasn't severely mentally impaired. You have to show that your child has no useful intelligence in situations outside the home and back this up with a letter from every involved professional that you can.

I was refused initially, refused on reconsideration because I didn't send extra information in then stated this explicitly and sent in reams of evidence with the relatively short appeal form. It took a few weeks but they eventually awarded it without going to tribunal. It did take almost a year but don't give up if you think your son qualifies. HTH

Ds was awarded it at five at tribunal on the grounds of an arrested development. It has been renewed as a matter of course since probably because they can hardly argue that an arrested development (brain immaturity I presume) has righted itself. To add ds has never had an MRI or seen a neurologist for the arrested development diagnosis it was what the Tribunal decided.

link to the case law.

Forgot to say it might be worth quoting this too and sending a printed copy of the actual papers with notes added as to how this applies to your son. They can be found here

Not that I'm suggesting burying the decision-maker in paperwork or anything (much) but when you think of the blood sweat and tears that go into these forms from our end on top of addressing the constant needs of a child with S.N...

Thank you so much Flamin - will be very usefuk