Tribunal on Tuesday for sons mobility

[Justwanttomoveon]

My ds age 4.3 is autistic and has GDD, we have been refused mobility element of DLA but receive HRC, it has now gotten as far as tribunal.
I don't know what to expect, I have letters from his headteacher (specialist autism school), his GP and his consultant paediatrician.
The paediatrician in particular has written a very helpful letter as the DWP have stated that he makes a conscious decision not to walk, his paediatrician states that this is not the case and his refusal to walk IS down to a physical condition (autism) and he does not have the capability to make conscious decisions. My ds is non verbal and gets very agitated when out and about due to being overstimulated. He is also the size of an 8 year old both in weight and height and it is virtually impossible for me to pick him up when he will not walk any further.
Has anyone got any experience of going to tribunal and is there any chance that the DWP's original decision will be overturned with the evidence given by a medical professional?
Thank you

Hi,

Not sure if I can offer you much advice as we are in the same position. Are you appealing on the grounds of ' virtually unable to walk?'. We are but also under the 'severe mental impairment' criteria. Our DS was also refused on the basis that he is making a conscious choice to refuse to walk. Not sure if you are aware but they have to consider all behaviours when looking at this criteria not just refusal episodes. I sent the tribunal office all the evidence that I sent to DWP and then I gave very thorough examples of our DS behaviours. I also studied case law relating to each criteria as the DWP have not followed case law with this claim. I also took lots of info from NAS and the contact a family website regarding mobility and autism and related examples to each piece of info. I have only just sent the appeal on Monday so I have no idea how long till the tribunal.

How long have you had to wait for a tribunal date?

I would really advise going through the evidence that DWP has used to come to their decision and put a case against each point using facts and caselaw.

I hope it goes well for you.
Good Luck

Thanks for replying, we waited three months for tribunal date.
We are claiming under severe mental impairment, we have provided evidence for all the conditions but they came back with he makes a conscious decision not to walk. His paediatrician has stated that he is severely mentally impaired and also he has severe impairment of social functioning, he has severe difficulty applying any intelligence he has to the real world and he regularly needs restraining to prevent him harming himself and others, she has then clearly stated that he is unable to make a conscious decision and this is due to a physical disability -autism - and this causes rigidity and inflexibility in his thinking and it is therefore not a conscious decision, she has then said that in her opinion he fulfils all their criteria for HRM.

I have a letter from his headteacher which states he has unpredictable behaviour patterns and he does not have 'theory of mind' and that his cognitive development is that of an 18 month old.

I have previously sent them case law which is pertinent to my ds.

When the DWP sent the mandatory reconsideration decision they stated they had tried to call me on 9th October to discuss with me which is completely untrue, I contacted them and was told I couldn't speak to the decision makers.

It is so frustrating dealing with them, they have ignored all the evidence I have provided and don't appear to have taken any notice of the case law I have quoted.

None of the professionals my ds has dealings with can understand why this hasn't been awarded already.

I'm so nervous about attending on Tuesday, I just don't know what to expect. I just hope they take notice of all my evidence, I don't see how they can still say he makes a conscious decision when all the professionals that have met him agree it is not something he is capable of.

It's really hard isn't it. It sounds like you covered everything already with DWP. The lettter you have from your paediatrician is that new? Hopefully that will definitely sway in your favour. I have read that if you can get a doctor to confirm that autism is a physical disability and the problems your child faces then the DWP might as well give up. I haven't got anything like that.

Our main problem is that our DS masks at school so the DWP are stating that DS behaviour is not severe enough because of this. They do akbowledge that he covers the criteria at home and out and about though so I am halfway there. I have had to state a lot of case law regarding structured environments.

Have you got to travel far? I will have to go at least forty miles but I really want the opportunity to give face to face evidence, plus I have lots of video evidence, so I do not mind.

Please let me know how you get on. Everything crossed for you.

Yes, the letters from paediatrician and headteacher are new evidence which DWP gave not yet seen, I only got them on Friday so will not have time to get them to DWP before tribunal.

Luckily the tribunal is in my town so not too far to travel.

I will update on Tuesday and let you know how I get on.

Good luck to you, I hope you manage to get it awarded, video evidence has got to help, I never even thought of that.

You still have time to get some video evidence. I have started using my phone to do it as it's more discreet. Ds had started noticing when I was filming with the Ipad.

I have filmed a refusal as well as him running off towards a road. A violent meltdown and other bits and pieces. He also self harms so I sent photos of the damage he has done to himself.

I'm still not confident but I managed to pull the reconsideration letter apart. I'm awaiting the DWP big pack of evidence and I really hope I can do the same with that too.

We shouldn't have to keep fighting for our children. I'm struggling with the school too. Just hope I can keep up my energy to do it.

Good Luck again, but hopefully you won't need it.

They agreed the appeal, they've said they will back pay from 12 months ago when I first applied but they are only allowing it up until the day before his 5th birthday and I will have to renew the claim then. Because I haven't got 12 months from now until I renew I can't get a car on the mobility scheme but if I get the renewal I can get a car then.
The DWP rep said if I send in the same paperwork that i took to tribunal then the renewal should go through ok.
So, all in all a good result

Wow fantastic news! It's a shame about the car but at least that's another battle over for now. I would make a point of what the rep told you when you renew.

I got my acknowledgement letter yesterday and apparently there is a tribunal centre in my town. So that's good. I also got the letter from Ds last paediatricians appointment and it has good detail about Ds difficulties and impairment.

I'm really pleased for you and your son. Good luck with everything else hun x

Thanks, I hope yours goes through ok too x