DLA mobilty component, is it worth appealing?

[Midori1999]

My son is 9 and has Downs Syndrome. We haven't claimed the mobility part of DLA before as we were refused on our last claim and didn't bother to appeal as we assumed we weren't entitled to it as his physical disabilities are minor.

This time he has been awarded the lower rate mobility. I'm not sure if its worth appealing as he may be entitled to the higher rate? He cannot go outdoors at all on his own and requires very close supervision/manhandling when out as he will suddenly try and run into the road or sometimes falls into the road as his co ordination is poor and he trips over a lot. He has suddenly ran into a river before when we were feeding the ducks (that was scary!). He has to hold someone's hand literally the entire time we are out.

Is it rare to get higher rate mobility for situations like this? Is it worth appealing?

If his physical difficulties are minor, then you'd have to go down the route of Severe Mental Impairment and Severe Behavioural Difficulties.

Unfortunately, to get the SMI classified entitlement to mobility, you have to be getting High Rate Care, so if your DS is a good sleeper, you won't qualify.

Holding his hand is classed as 'restraint', though, so how far can he walk without restraint? Can he walk in the direction you intended? In other words, could you argue that he cannot make sufficient progress on foot in the desired direction without restraint?

If so, that might get you somewhere.

I appealed successfully for hrm for my dd 14 who has ASD. It took nearly 8 months to get and the DWP changed their minds just after issuing the tribunal papers. We were awarded it on virtually unable to walk. My dd refuses to walk every time we leave the house! She does have hypermobility and muscle tone issues in her feet and legs but the physio said it was her ASD that triggered her issues with walking but the discomfort from her legs wouldn't help. As her physical disability (ASD) caused her to refuse to walk we argued the temporary paralysis part of virtually unable to walk. It was awarded for 3 years.