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Original poster

Dla review

28 replies

Calally · 02/07/2011 16:34

Currently my ds gets mrc with no mobility component. Due to ongoing issues, throwing himself on the ground, refusing to walk etc I've asked for a review as he maybe entitled to some mobility. I got a letter to say, not to expect any response till after 8 weeks has passed. Will ge still continue to get his existing payments for mrc in the meantime?

OP posts:

humbugholder · 02/07/2011 16:42

Hiya. Yes they will continue to pay you as normal until a decision is made. And if the award is increased/Mobility awarded, they will backdate it to the date they received your request to review it. Good luck. xx

Original poster

Calally · 02/07/2011 16:55

Aww that's great, thank you. Fingers crossed

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Triggles · 03/07/2011 22:23

Please let us know, if you don't mind, how it goes. We have been debating applying for mobility for DS2 (5 this month) for the same reasons. Initially we weren't going to apply (too much hassle), but have since been thinking about it. Thank you and good luck!

unpa1dcar3r · 04/07/2011 07:07

Both my boys get high rate care and mob.
Both walk, run and have very little physical difficulties so don't be fobbed off with 'he can walk'
It is to include children who have no sense of danger, roadsense etc and will create danger for others (e.g. running into oncoming traffic)
Both have had it early age; one at aged 4 after being on high rate care since 2.5. The other at 3 I think it was.
They are now 12 n 14 n still get it.
Good luck!

Triggles · 04/07/2011 09:51

We filled out the mobility part in December upon initial DLA application. DS2 is 4 (and was 4 at that time). I put in all that info, unpa1dcar3r, in great detail, and the comments from the assessor were basically "it's not our problem if he doesn't want to walk."

unpa1dcar3r · 04/07/2011 11:50

Hmmm they are wrong then Triggles.
Does your son get high rate care component?

Have a look on the social security act...I'll try n find it in my documentation and will copy n paste if poss...might help.
Bear with me hon

unpa1dcar3r · 04/07/2011 11:52

Here we go

"To use subsection 12 (3), Section 73 (severe behavioural problems)
CDLA/2470/2006
Under the terms of the ?Social Security and Benefits act, 1992?.
Section 73- Mobility Component
Sub-section 3.
A) A person falls within this sub-section if he is severely mentally impaired and B) he displays severe behavioural problems and he satisfies both conditions mentioned 72 (1) (b) and (c)".

unpa1dcar3r · 04/07/2011 11:55

If you type that section into google you should get the whole criteria up but it's not about whether your son can walk. He refuses to, end of.
What are you supposed to do? Sling him over your shoulder while he's kicking and punching? Ok so maybe you can do that now but let's move on a few years wheh he's 10/12/14 and bigger than you. Do you still throw him over your shoulder????
It's also about them presenting a danger to themselves and others (e.g running into traffic as I said before)

Anyway look it up and let me know what you think Trig

Triggles · 04/07/2011 12:07

LOL - actually that's exactly what we had to do.. and I've injured my shoulder so many times I'm going to have to get it looked at by the GP now. (keep postponing it...argh)

I agree with you... and it does say that. But then, he only gets mrc, as they said that the times he gets up repeatedly every night and that he is not potty trained so sometimes has to have him and his bed changed during the night, settle him back down, often waking up at 3 or 4am for the day... they said that's normal 4yo behaviour as well, so only mrc. I was so disgusted (not to mention worried that they'd next time bump us down to lrc even though he easily qualifies for mrc/hrc) that I didn't push further. We were up to the eyeballs in getting his statement sorted and I just didn't have the strength to fight it at the time. They make such a point in telling people that if we have them review something, they'll review it all and may lower our care rate if they feel it is necessary that I think they scare many into not fussing when they put you too low.

Triggles · 04/07/2011 12:09

On a side note, I would think the Maclaren Major that the OT got for us would support our claim for lr mobility, wouldn't it?

5inthebed · 04/07/2011 12:28

Triggles, Ds2 is 5 yrs, and has been receiving mobility since he turned it last year LRM. Took apporx 5 weeks to come thorugh and you only have to fill the mobility part in when applying, as that is the only part you want them to look at.

Triggles · 04/07/2011 12:37

I'm going to have to call them and ask them to send it, so I can fill out the mobility part. I'm not fussed at this point over HRC vs MRC, although if this nighttime waking continues past his review date in 2013, I'll be pushing for HRC as they cannot say that is normal for a 6yo!

Triggles · 04/07/2011 12:38

I should really be putting in for carer's as well, but I'm procrastinating. I am so sick to death of paperwork!

Triggles · 04/07/2011 13:19

Thanks, by the way, for that info - I will look into getting that sorted as he turns 5 this month!

EllenJaneisnotmyname · 04/07/2011 13:29

Do put in for Carer's. It's a foregone conclusion if you earn under about £95 / week (may have gone up to £100) and look after someone on at least MRC for at least 35 hours/ week. It's a no brainer.

unpa1dcar3r · 04/07/2011 13:47

Trig that's a load of b*llocks about needing to get up during night for your son. My non disabled daughters never woke me at that age!
I got HRC for both boys from aged 2.5 eldest and 14 months youngest cos I was up more than 3 times in the night.
3 times or more was always the decider when i was a Mencap family benefits advisor a few yrs ago.
I would ask them to look again at HRC and also while you're at it do the HRM cos normally if you get HRC u also get HRM (altho they did try to decrease eldest sons to LRM at last review. took me 8 months and ended up at tribunal but got it overturned once there easily enough, within 5 mins)

To be fair my boys are both very SLD, I don't know is your son the same? But even so, it seems to me it's more about cutting the budget than supplying what's needed for our kids.
And they know we're all so knackered they often get away with it. But I won't let them win, too bloody stubborn!
It's the principle; if they lower it to mid, what next? Low rate? I think not!

unpa1dcar3r · 04/07/2011 13:48

Ellen yes it is £100 but they also allow a certain amount for childcare costs or pensions schemes.
So if you're caring for 35 hrs pw or more which you will be and earn less than that you'll get carers of £55 pw.
30p per hour- or in my case 15 p per child per hour!

EllenJaneisnotmyname · 04/07/2011 13:53

Yeah, whatever happened to minimum wage? As it happens, I earn £105 / week so don't get carer's anymore. Grrr.

Original poster

Calally · 04/07/2011 18:33

ill let you know how i get on. he gets mrc, as he doesnt get up at night. just settling takes a while. he doesnt sleep in his own room tho, prob why he sleeps all night. waiting on my maclaren major being delivered. a little girl in the same class as my son, he mum applied for mobility, they declined at first, then after speaking to the school awarded hrm. im not fussed on whether he gets lrm or hrm, although he may get hrm. he can walk, but has sld, no sense of danger, cant walk anywhere without supervision, has to be constantly prompted to look where hes going etc

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Triggles · 04/07/2011 19:17

that's the same with DS2. He has to be held on to literally from the time the door is opened until we're back home again and door key locked. Runner, no sense of danger, must have supervision at all time, has to be constantly prompted to look where he's going or encouraged to walk or brought back from whatever distraction takes his fancy or calmed down as noise from anything going by sends him into a tailspin. sigh.

Original poster

Calally · 04/07/2011 19:32

i no that all to well. sounds silly, but for a long time i just assumed that was part & parcel of his disability ( which it is i no ) but thought i would just have to live with, thinking i was the only who had these issues. its so nice to know other people experience these kind of issues. and that he may also be entitled to help with these issues aswell. although ill have to fight, and develop my thick skin again lol. ds is very good with keys, as the school found out the hard way ( i live in a flat, and ds cant reach the front door YET ) but ds figured out how to work the keys and locks in his classroom, and had great fun locking all the doors, then unlocked the front while ( while teachers were locked in ) and let him and all his friends out

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unpa1dcar3r · 04/07/2011 20:03

It's a major difference to receive HRM. You can lease a brand new car (lose the mob of course) which is completely maintained by the car co. You also get free tax and of course you don't have to pay for insurance services etc...Just literally petrol. Or if you get awarded it for 5 yrs or more you can buy a car brand new.

Low rate you can't do these things. So if your kids are SLD then you need to fight to get it.

Original poster

Calally · 04/07/2011 20:09

really, i didnt know that. i must live in a bubble lol. fingers crossed. if they contact his teacher, she'll tell them how bad he can be. they experience it on a daily basis with him

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unpa1dcar3r · 04/07/2011 21:08

Yes Calally get his teacher to write a thorough report on his behaviour and include that he needs constant supervision the whole day whether inside or outside in the playground which must also be asecure.
It might be worth her also mentioning about the keys as an example of what he is capable of if left for one second.
Get as many people as u can to write reports, e.g anyone who is involved in his care, social worker/paediatrician etc...

Keep everything together (don't send reports off individually or let the person who's written it send it seperately as DLA are very good at losing things!). Also photo copy EVERYTHING; reports, your input and the form.
This way you can keep records of everything which has been said for future ref.
Don't wait for them to contact the teacher and so on, get them to write reports and give them to you.
They may contact them anyway but get in there first, keep organised and thorough at all times.
Don't be daunted, and don't be put off; if they turn you down, appeal.

They lowered my eldests couple of yrs back, appealed twice, went to tribunal, got it overturned in 5 mins flat.
If you have to keep a video diary.

Original poster

Calally · 04/07/2011 21:15

i will do. although i always seem to do these things at awkward times. as school i finished for summer. but advised teacher id put her name on form. have different documentation. also his school diary, teacher writes in it every day, almost daily theres been some issue, esp when they go out, kicking shoes off sitting down in road etc. sw has already said if they turn it down she'll help me appeal, and she has spoken to them. so fingers crossed. its amazing the hoops we have to jump through to get what there entitled to

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