DLA - reconsideration or appeal? And timings?

[chives22]

My first DLA refusal! I like to think I know more or less what I'm doing as I got DLA for DS2 last year and just got it for DD1. Refusal was for DS3 - I did his form alongside the one for DD1. Main difference seems to be that DS2 and DD1 have a diagnosis (one ASD, one speech and language disorder). DS3 is awaiting an ASD assessment (and already has an anxiety disorder) but I went ahead and applied because I know DLA is awarded on care needs not diagnosis.

Do I write (or ring) and ask why I was turned down? I'm pretty sure I set out enough detail that DS3 should have got lower rate mobility and at least LRC. (DS2 and DD1 get mobility lower rate and MRC). from what I've read on threads here sometimes it seems to be just an issue that the form hasn't been considered properly. I obviously want to ask for a reconsideration - do I put further evidence in - or is that what happens for an appeal? In actual fact as we have been on school holidays DS3 needs are more pronounced away form the routine of school. Going away and on days out is presenting lots of problems. And if I wait for a reconsideration (it took them about 12 weeks to refuse) will I be in danger of running out of time to appeal?

Whether you write or ring, ask for WRITTEN statement of reasons then you've got something definite to work on for your appeal/reconsideration. Respond to each comment individually and give reasons why it's wrong. Type your answers rather than hand-write - not only does it make it easier for them to read through, but you can edit and highlight until you're completely happy with it before submitting.

I've been told lots of variations on how the process works but I think the DWP do prefer to have some new evidence to consider for reconsideration. I always suggest to people that they hold something back on the initial application so that they have something to fall back on if/when it comes to reconsideration.

At my last claim I was told that a reconsideration is part of the appeal process and if you ask for appeal it will automatically be looked at again along the way. I don't know how true that is (like I said, I've been told lots of different versions of 'the system') but my claim didn't end up going the whole way to appeal and it was passed at reconsideration.

Tbh I think the goalposts move depending on who's assessing your application, and that most claims are rejected at the first hurdle these days as a matter of course. They don't read them properly at first so you could have an amazing application but it's not guaranteed to be approved.

Keep at it, and good luck.

Thanks streakybacon. I will get a written statement of their reasons for refusal and counter what they come up with. Is it also worth putting in he has a date for ASD assessment and that he is back under CAMHS since I sent in the form? I suppose they are relevant to his care needs in that he'll need a lot of support to go! And I will type my second go _ in case my handwriting is putting them off reading my claim thoroughly!

Yes, definitely add the bit about CAMHS assessment as that's new information they didn't have before and demonstrates the level of concern.

I never send handwritten applications - the forms never have enough space for everything I want to say (they they get you for not giving enough information ), plus as I said earlier you can edit and tweak as much as you like when you type. And you've always got a digital copy to work on for your review when it comes up.

Are you using the Cerebra guide? If not you should get a copy from their website as it's very good at taking you through the steps.

Thank you again. I phoned and asked for a written statement of reasons. I was told she could note down today that I am asking for a reconsideration so even if the statement takes time to come, I get more time than a month from the date on the letter to put in my response. She did read out the reasons and they mostly seem to say that DS's difficulties aren't sufficiently greater than a 'typical' 10 year old. I disagree of course though it's a tricky one - DS2 wasn't 'typical' (ASD diagnosis at 14) and it's 10 years since 'neuro-typical' DS1 was 10! Also, irritatingly, their reasoning seems to have focussed on the more 'typical' things, like DS3 does have friends, (noted in a clinic report) and not taken account of my explanations of how he is easily 'overwhelmed' by friends and is readily upset by them. I was told a reconsideration will take 10-12 weeks! And an appeal to a tribunal takes 6 months! DS3 may even have a diagnosis by then!

Much of this is designed to put you off with the application, so keep plugging away. Plus bear in mind that they haven't had time to actually read the thing - they just skim through looking for certain words and phrases to score with.

It's always useful to give specific examples of interactions and behaviours and how they aren't typical for a child of her age. Say things like "which is more typical in a child of five or six" to illustrate the point. You really have to be very obvious with them, and you can't take it for granted that they will see inference. Tell it like it is, but firmly and repeatedly - don't feel bad about saying the same thing over and over again if it's necessary.