Refused dla mobility part for asd?

[Cailinrua]

Bit of background. My oldest DS has ASD with complex difficulties including speech disorder, physical delays, low muscle tone, learning difficulties. At 6 he lacks any independence at all and needs total 1 to 1 help for everything. He is at mainstream with statement, full time help etc. but being considered for move to special school or unit due to lack of progress.

Anyway, his dla renewal ( 1st time since he was 3 ) came up and I was really hoping he would be awarded higher rate mobility which would make such a massive difference to our lives. He was awarded high rate care for 10 years! obviously, I am delighted with this but he was awarded no mobility. I filled out the forms myself but used the Cerebra guide which was advised here. Also sent loads of reports and supporting evidence.

I suppose I'm wondering if I messed up the form or didn't write the correct things. Is there a very particular set of buzz words that I failed to use? There is no doubt my son has mobility issues but how do you make them see it. Is there any point asking for a reconsideration, has anyone had success with this. I just found the forms so depressing and was so relieved to have it out of the way, that I don't know if I can face appealing it.

High Rate DLA for mobility is very hard to get. The main reason is that there are two distinct 'routes' to qualifying, and many children will fall between the routes - not qualifying for either in their own right, but their difficulties are more than 'just' supervision.

The two routes are:

"Unable or Virtually Unable to walk."

"Severe Mental Impairment with Severe Behavioural Problems".

The first route means that the child has to make such poor progress on foot, given the manner, speed, distance or time that they can walk, that they are deemed virtually unable to walk. In practice, this can mean that any child who can walk 50 metres without severe discomfort will be disqualified.

There are lots of caveats. For example, if a child can't go out at all without restraint, it can be argued that they can't walk 'independently'.

The second route is tough. The child must get high rate care. They must also qualify as having severe mental impairment. Then, their behaviour must be extreme enough to require restraint to prevent them causing injury to themselves or others.

The caveat is that some people have argued that academic intelligence doesn't equate to functional intelligence, and therefore their child is functionally severely mentally impaired.

Thanks lougle. Think you have hit nail on the head when you say he falls between the routes, 'not qualifying for either in their own right'. His low muscle tone, physical delays etc. means he finds walking any speed or distance very difficult. Also his sensory issues, behavioural problems and learning difficulties mean any trip outdoors is so stressful and full of dangers. We always have to use some restraint when in public places as it is just too overwhelming for him and he dashes out in front of traffic. ( my husband' s broken leg last summer testament to this!!).

But he can walk so I suppose that is why he has been refused. I think I had just put so much work into form, sent so many reports etc. that I hoped this was it sorted for a while. I have another DS recently diagnosed and can't even think about tacking a form for him. He doesn't appear to have as many difficulties so at this rate, he'll probably be refused completely!

It is worth getting it reconsidered and appeal if necessary. Is there any chance you can get supporting statements from your GP or social worker? I appealed for ds in v similar circumstances. When I arrived at appeal tribunal they backed down before we went in. Ask DWP to do reconsideration and then get the bundle this will show you what the decision maker has said about your case and will help you with appeal. You would be surprised at their idiocy. In my case the person dealing with ds case had actually wrote that he was not severely learning disabled. This is a child who is non verbal and at v severe end of ASD spectrum.

I don't know if you have seen this but it has useful tips.

I'm very surprised they didn't even award him lower rate mobility. My dd1 gets lower rate mobility for her ASD and from what you've put doesn't sound as severe as your DS'.

Thanks so much everyone posted. I'm thinking I will probably ask for a reconsideration. I might as well since I put so much work into forms and loads of reports sent too. I just have to psyche myself up for writing all the negatives etc. about my child again. It can't hurt and at least I'll know I tried my best.

im not in the same situation, but just wanted to wish you good luck!

my 1st ever DLA application was refused point blank and left me in tears (as did filling the form in in the 1st place) After a week I managed to compose myself and phone to ask them to reconsider... I didn't even get as far as sending in additional info, they phoned me, I chatted to a lovely lady for about 20mins re capping what was already on the form, and explaining it was more supervision outside than actual help (my sons epileptic, partly controlled)

Within a few weeks I had a letter saying he was entitled to middle rate care and lower rate mobility (which also had me in tears, but from relief this time!) I hope you have as positive an outcome for your reconsideration without too much stress getting there. :)