DLA award downgraded to MRC - should I appeal?

[Huckcat]

Hello there. Long time lurker on this site - now I need the advice of you wise people, if you'd be so kind!

Just heard from the DWP that my son's DLA award is being downgraded from HRC to MRC (we don't qualify for mobility). This is his third award. He has an ASC.

DS is now 5 and in Reception. In some respects things have got easier in the three years since we first applied but that's probably because I'm better at handling him iyswim. He gets full time support from an LSA at school and has a care plan as there are various eating related problems (choking risk). So his level of need is obviously high.

I haven't had my letter from the DWP - I called them as they were taking ages - so I don't know if I will get a breakdown of why they've decided to downgrade it.

I suspect I failed to qualify on the night time care element. I was obviously honest in the form and stated that DS usually takes up two hours to settle and is still waking up once or twice in the night.
Do you think that sounds enough to have qualified? Has the benchmark changed?

Has anyone been in a similar situation? And does anyone have any tips/advice for appealing?

Part of me isn't sure I can face it and feels grateful it's been re-awarded at all. But part of me feels angry as I suspect it's a cost saving exercise.

Many thanks for taking the time to read this.

No proper advice, but DS is also 5 and gets MRC. Like your son normally wakes a couple of times a night but I was told that wasn't out of the norm enough to qualify for HRC.

The 2 hours to settle won't count towards HRC as they class nighttime from when an adult would normally go to bed not a child's bedtime.

Thank you so much for taking the time to reply, Sirzy.That's very interesting and helpful.

I was wondering if they would argue that the bedtime stuff isn't that unusual for any 5 yr old.

I'm trying to weigh up if they've made an 'unreasonable decision' (which I think I would have to prove?) or I should count myself lucky to have been reawarded anything in these 'belt-tightening' times!

The definitions are in the DLA Guidance for decision makers. I think night has to repeated or prolonged (which means over 20 mins) here

Thank you so much kind people for your replies - I knew you wouldn't let me down!

PolterGoose - I thought the Mobility element was being very strictly enforced for children/adults who literally can't walk at all. It never occurred to me that we might qualify.

I have to drag him about everywhere on his scooter as he literally will not walk anywhere. And he has this 'thing' about having to press the button on pelican crossings. Has a complete meltdown if someone else does it. Is that the sort of thing that might qualify us?
I did put all this in the claim.

AgnesDiPesto - that's brilliant. Thank you. I'll have a read through.

I don't know anyone in RL who claims DLA so I'd be clueless without you all!

Huck - you could be describing my DS there! We didn't get the mobility bit even with that in and his struggles walking due to his asthma.

I was so relieved to get anything I didn't think of asking for it to be reconsidered. Maybe I will need to make sure I am really clear when it comes to renewal in a few months.

Sirzy - this forum is so great isn't it? I can't thank enough the knowledgeable people who take the time out of their busy lives to help people like me.

PolterGoose - I didn't but I got help from a charity the first time and was awarded HRC. When DS turned 5 we were sent the mobility element of the form but as I say, I foolishly thought we wouldn't be eligible as DS can physically walk - even though there are many challenges for him. And don't even get me started on P.E lessons!

Can I check - are both elements ie care and mobility dealt with in the one form?

It is great huck. I mainly read the SN boards but there are so many really knowledgable posters it's really helpful

Thanks PolterGoose. Looks like I've got lots to think about.

My letter from the DWP hasn't turned up yet which is a bit naughty as they told me it was in the post on Tuesday. I know you only have a month from the date of the letter to appeal. A cynical person might read something into that!

Def use the celebra guide. It's huge, but very worthwhile reading. We did and got MRC and LRM for our 6 (now 7) DD with Aspergers, and she is reportedly on the subtle side. We got an award until 16 as well.

I would most def appeal/ask for reconsideration. You need to complete the form based on the worst day/night is what I've always been told and followed that guideline myself. And most def apply for the mobility pat. HRM is for those who can't walk (there's no MRM) but low is for those that need supervision, guidance, help and support when out and about. You are probably so used to helping him, that it seems 'normal' for you. You have to think about what does a child with no difficulties etc do or is able to do, and show how they are different. I'd be surprised if you didn't het LRM as well.

Good luck with it!

Thank you bitbap18. It's really interesting to hear what other people in similar situations have been awarded. It must be such a relief for you to have been awarded until 16 so you don't have to see that awful form for several years!

I'll call the DWP to ask about appealing. I'm wondering if the timing of my renewal was significant - ie with an election coming up. I gather an appeal can take up to 11 weeks when we may have a different government. Which could be a good/bad thing for people in our situation...

Yes, I was relieved, especially we have have to claim PIP (and still await a decision despite claiming at the same time!) for hubby who also has aspergers.

It's more likely that it's due to an awful lot of work at this time of year when the benefits all change due to the financial year, than anything to do with the election.

I'm also not reading anything into the stories out there. There's so much rubbish, it's hard to know what to believe.