DLA refused - appeal or reconsideration??

[chocjunkie]

my first thread about DLA is here

just talked to somebody at the DWP to get some more details for the refusal and apparently, DD's development is fine and her probelms (at almost 4 she is not toilet trained, speech at level of 18 month, will have to attend special school as her needs can't be met at mainstream even with FT 1:1 support, no sense of danger etc) are not problems as it all falls within the 'normal' range of development.

Of course we are not having that but I am not sure if I should go for the appeal straight away or if it makes sense to ask for a reconsideration first. I need the DLA money badly for DD (we get next to nothing in terms of therapy on the NHS and therefore have to self fund therapy) and I worry that we will be turned down also after a reconsideration and will end up on the appeal road anyways. thought therefore the appeal might be the faster (albeit very slow) way to get what DD deserves.

any experiences/advice?

Definitely ask for reconsideration first as that will most likely be quicker and it doesn't mean you can't appeal later.

just wanted to add that we are pre-dx (we have the ADOS in 2 months time; everything is pointing to ASD...).

Have you sent them anything in writing from an official bod re the special school etc? For instance a copy of her statement? If you have ask for a reconsideration.

I'm getting the feeling that at the moment everyone is getting turned down at the first attempt for DLA. The government as a 20% cut target for this benefit and considering only the most perstistent applications seems to be a new unofficial filter towards achieving this figure iykwim.

Keep a daily diary as per Cerebra advice to send in to any potential appeal.

I send in tonns of stuff (paed & salt reports, failed IEPs, reports from nursery highlighting DD's needs as vey much over and above the normal). but we only saw EP after they turned us down (and only got SS recommendation afterwards but DD's needs were complex and severe before and this has been made clear in application and has been supported by all the reports). statement is still in progress (DD will start school next year).

should maybe chase up EP for some more written stuff and get nursey to write something extra and try for a reconsideration first... I started a diary after they turned us down as well. it is all just so stressful, have baby on top, marriage is falling apart and I am turning into a headless chicken

I would phone and talk to someone about why you were turned down - then you know what you need to try to prove.

Then get some fresh evidence from most relevant source

Then send in for reconsideration (I would send copy of original application as well, just in case it has not been read properly) - has to be done within a month from rejection date

If you get turned down again, you can still appeal.

Good luck.

thanks hazeyjane, I just called them.

the problem is, DD is e.g. not potty trained (she is 3.9) and the DWP lady told me this does not count towards DLA care as she is within the 'normal' development, DD has anxiety issues and needs somebody with her to fall asleep and this takes up to 3 hours daily and the DWP lady acknowledged this but again said that this is 'whithin normal'. DD has no sense of danger (I can only leave the house with DD and DC2 with a 2nd adult as DD's supervision needs are so intense), the lady on the phone admitted that DD needs a lot of supervion but again argued that this is within the range of 'normal'. and so on.

in my application, I made for every question a point where I argues why DD's needs are over and above the 'average' and whatever I wrote, no matter how severe, they come back and tell me for every freaking point that this is within the 'normal'.

I mean, how do I argue in this case? me says 'over and above normal' and they say 'within normal'.

is there some kind of reference with regards to child development I could refer to when arguing what is normal at 3.9 and what is not?

We were turned down first time round, and I had a feeling they hadn't even read the form.

Is there a professional involved with dd who can sum up what you have said, and can make it clear in a letter that dd requires more care than a 'typical' 4 year old?

Definitely try the reconsideration first. The DLA phone people are horrible :(
We got high rate for six months then got told on renewal that we should never have had it. A reconsideration gave us mddle rate.
Its worth bearing in mind that DLA is more about you than the child. What are YOU doing that's more than for a typical child. So structure an appeal as in 'I do x, y and z for DC because they cant do or need help with a b and c maybe because of d' add as often as you can that a typical child would not need this help.
Write your whole letter in that kind of structure.
Get professionals to write a similar letter ie mum has to do this extra for DC because of a, b, c etc. Again get them to state that a typical child would not need the help.
Finally get a copy of Mary Sheridens 'From birth to 5 years' development book - it's the bible of early child development. Printnout the relevant pages, highlight, comment and enclose. It may be that you need to send the 18 month old ones in showing what DC can do and any gaps, or the two year old charts showing more gaps. Highlight the age is not a 4 year old. You are most welcome to a copy of my reconsideration letter if you PM me although it's for a younger child. I ended up with a three page letter, plus reports plus the development charts.
A reconsideration should be decided within six weeks. An appeal could take six months. You can still appeal after that and monies will be backdated.

BTW be aware IRS time sensitive. I think it's 4 weeks (possibly 6) for a reconsideration letter to be submitted.

IRS = it's.

thanks, tiggy, I have a couple of child dev books at home, also the nhs book and will see if they help. and yes, the dwp woman on the phone was simply rude!

here is quite a good milestone chart, it goes from 0-6 years. As Tiggy says it is a lot to with what you do for your DD over and above another child of her age.

thanks, keeping. I thought I worded my application very well . suppose it was not so much my wording but more budget cuts biting....

Just appeal. They automatically look at it again if you do anyway, so the reconsideration is part of the appeals process, in a way.

My son went from MRC LRM to LRC LRM on renewal. Asked for a reconsideration and they totally removed it! Said needs were same to any child his age (he had a full time Statement, largely for behavioural needs - not that typical )

Then appealed and they reinstated MRC and LRM, but, by then, I realised that he was entitled to HRC. Re-appealed and they removed it all again. Re-appealed, finally got to Tribunal thingy and got HRC and HRM for 5 years, plus backpay, plus compensation from DWP. Only sensible part was the actual appeal itself!

Good luck.

appeal .my sons dla just been re newd ,he gets mrc/lrm hes 5 in dec non verbal not potty trained and goes to sn school