Mobility dla denied cause my boy is "Delightful"

[mamadadawahwah]

I have just received papers from the DLa for my son's appeal of the mobility component. He is only 3 and even though i know plenty of parents whose children the same age have received mobility at 3, my boy has not, seemingly because as they put it "he is loving and delightful". They must have referred to this at least 5 times in the appeal papers.

I mean, an autistic child cannot possibly be "delightful and loving?"

Any links people to how to make application of mobility component based on the "severe mental disability" portion of the dla rules?

thanks

sorry but
I am sure he is both those things but can't believe they can turn you down for that.

No, it wasnt just that of course, but the way they alluded to it over and over, they were making a definite "point". I submitted five reports from private clinicians and they picked and chose these kinds of "gems" from the reports.

Further they are saying my boy is not "virtually" unable to walk. But i dont want my boys case to be determined in this category. there is a category in DLA under severe mental/behavioural impairment, but they refuse to consider him under this category. I see a court case looming with barristers.

Sorry mmddww - no advice really but just wanted to say that we get the 'delightful' description ALL the time in reports too. Makes me laugh - all kids are delightful at least some of the time! We did get mobility though (applied at 3). I could dig out what we wrote in that section if it would help.

Have you looked at the Cerebra guide? It is a step by step guide for claiming DLA and makes suggestions as to what to include in each section. I found it useful & successful.

Check out the website to download or they will post a copy on request.

www.cerebra.org.uk

All our reports say "delightful" as well. I think its is code foor run for the hills.

We got higher rate mobility awarded on first application- I think ds1 was 5 though (it does become easier to get it then). I fiulled the form in and at the end in "any other information" quoted the court case that specifically contested autism (details on the NAS website) and said "when considering my son's application I would be grateful if you would take into account whoever vs whoever" etc etc. I was told by the "helpline" that we had no chance and I had to apply force to get the guy to even send me the forms.

Well, i have a friend whose son received DLA/mobility at age 3, high rate. She is willing to come with me to the tribunal to ask them why her son received mobility and why my son has not. She even said she would bring her son along to compare him to mine. I intend to bring my son to the tribunal. First, i have no babysitters so he has to come. But most important, they can judge for themselves after he starts his antics after five minutes, just what his mobility problems are.

thanks for the tips people. From the papers they sent me, they mean business, but i am up for them. They can quote all the cases in law they want, because autism is different for each child and they will be hard pressed to prove otherwise. Its like they are saying to me that my son is like all the other children who are autistic.

I actually am looking forward to this tribunal. Even if i dont win, i will be able to get my point across ad nauseum.

Jim jams, do you have a link to that legal case? I looked up on the NAS website and for life of me can't find it!

thanks

It's under the bit about claiming dla- but I've copied across the relevant bit below. In fact my son's IQ is pretty much impossible to assess but this is the case I asked them to bear in mind:

What is meant by 'severe impairment of intelligence'?

The Court of Appeal held that severe impairment of intelligence should not be defined exclusively by reference to an IQ score (Megarry v Chief Adjudication Officer, 29.10.99).

The case concerned an autistic child's claim for Disability Living Allowance (DLA). He appealed to the Social Security Commissioners on the grounds that he should be entitled to the higher rate mobility component of DLA on the basis of severe mental impairment (SMI).

The judgement does allow the DWP to continue to ask for IQ tests. An IQ score of 55 or less is very likely to pass the test of severe impairment of intelligence. The test of severe impairment of social functioning will then be considered separately.

However, where the IQ score is higher than 55 or there is no IQ test available, the decision maker must consider all the available evidence to decide the level of the claimants useful intelligence. Guidance issued in December 1999 says that the decision maker should decide whether the claimant has the ability to solve abstract tests but is unable to apply that intelligence to real-life situations. After having looked at all the evidence it is possible therefore for a decision maker to decide that a claimant's behaviour is consistent with severe impairment of intelligence despite having an IQ above 55.

(DMG Memo vol 10 1/99)

you should phone your local D.I.A.C office and ask for the disability hand book guidelines on how to qualify under the 'severe mental impairment' section

I am so angry for you

Especially when you look at some of the people that DO get awarded DLA. I don't think that the system is fair at all

I applied for DLA for my dd when she was 2, and it was declined. I have just decided to have another go now she is almost 4. Her difficulties are physical, and if they try to tell me that it's normal for a 4 y.o. to have to use a buggy every day, well...

Just keep on at them, and don't give up. They seem to think that your case is more "legitimate" if you are prepared to fight for it.

Why do they make the mobility so hard to get? I get higher DLa for Sam because of his need for conatsnt supervision, yet no mobility- as if I can supervise him when I'm struggling with the ds's in a tiny space, or trying to stop him vanishing (or more likely pushing ds2 into the road under a car) when I'm managing ds2 who is also SN.

Appeal, appeal, appeal

We got DLA higher rate for ds4 and mobility at the lower rate. We applied for a 'blue badge' and were told that ds4 doesn't need it as he can walk more than 50 metres. The fact that he has gdd, asd and dyspraxia and that the 50 metres he can walk is usually straight in front of traffic, or towards nearest body of water (we live in a coastal town) is irrelevant. We have learnt to get the relevant dss department to fill out the forms for us, so they then can't turn us down for filling in anything incorrectly. By the way, my local dss dept. don't even ask my name when I call as they recognise my voice! bad sign or what!

Well, i have a date for the appeal. I am going to be bringing my son with me. After 10 minutes in a room with him, they will undoubtedly give me the mobility. He will be hanging from the ceiling!!

Why bother bringing in "professional" witnesses when I have my son who can "speak" for himself.

I will invite them to take him outside for a "walk".

Ha ha I can't wait.

I never put a distance when they assk how far someone can walk. I mean, how long is a piece of string? How far can anyone walk? How many different circumstances are there that would affect how anyone walked, and how quickly they tired. keep repeating that long enough and they might get the message....

Mama, good luck with your appeal. I think they stopped sendin independent doctors round to assess mobility as they were getting too many claims - its easier to reject someone on the grounds that a written description doesnt match their criteria. Having a real person and a real situation in front of you is completely different.