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Dreaded DLA ... renewal lowered ... help with wording please ...

53 replies

frazzledbutcalm · 23/11/2016 12:14

Ds has received DLA for 2 years so far ... mrc lrm.

His renewal has just come back mrc ... no mobility. He was refused on the grounds of any refusal to walk is his own conscious decision rather than from a physical condition leading to paralysis. He is intelligent, likes trampolining and riding his bike when available. At age 11 he would not be expected to have full road safety awareness or be able to find his way in unfamiliar places. It is accepted he has perception difficulties but with normal intelligence his guidance and supervision he needs outdoors is within normal range. He may prefer to have reassurance outdoors but this is not a need for guidance or supervision.

Any advice on how to word my response for reconsideration?
He has hypermobility which causes pain in ankles, knees, leg muscles, sometimes hips. His ankles give way A LOT and cause pain, trips, falls. He has SPD which affects his processing of speed, distance of traffic. He also has vision processing blindness which affects his ability to see faces, cars, objects etc. He has to scan areas individually to build up a picture of things.

Trying to be brief, will add more if necessary.

TIA

OP posts:
zzzzz · 09/05/2017 16:44

This reply has been deleted

Message withdrawn at poster's request.

donajimena · 09/05/2017 16:48

Fingers crossed. I'm just at the mandatory reconsideration stage myself. Given your story I'm not hopeful. But will take it all the way.

youarenotkiddingme · 09/05/2017 17:56

What makes you think it went badly?

frazzledbutcalm · 09/05/2017 22:27

Good luck don

youare ... I just feel I didn't explain things enough. The judge said if ds difficulties are so significant then why doesn't he have an ehcp? .... like it's that easy 😞

[sigh]

OP posts:
youarenotkiddingme · 10/05/2017 07:20

I think I'd have been tempted to tell him to ask the la that Wink followed by pointing out a child can have 12 hours 1:1 support on Sen funding and up to 15 hours on top up funding. So an EHCP doesn't say no need.

But interesting you said he asked that because the advice lately has been to send copy with renewals as supporting evidence.

frazzledbutcalm · 10/05/2017 09:12

I told him both school and county have said ds (and dd with asd) will not get one as they are both academic. I told him school have said they can and do offer support without the need for an EHCP. I wished I'd known how technical I should have been though ... maybe it would have made a big difference?

I sent in a copy of ds school SEN pupil profile, and letters from all relevant specialists he's seen. There was so much information that I still can't believe he was turned down at renewal.

The judge stressed that the 3 of them had read all the paperwork fully and didn't want to go over this, but wanted to ask some further questions and could we stick to these. I just wished I'd said more ... I thought of things when I came out and all last night 🙁

I've no idea how long their decision letter will take to arrive, I hope it's soon!

OP posts:
Magpiemagpie · 10/05/2017 09:22

That's a long time in the tribunal
I've sat in on 2 family members tribunals this year and attended 3 last year with friends
None of them took more than 20 mins and they got the decision on the day
Hope you get a good result

Branleuse · 10/05/2017 09:27

did you get help from an appropriate charity to fill it in. If not I think you should definitely get help for it nowx

frazzledbutcalm · 10/05/2017 10:01

bran ... i didn't get help, I stupidly didn't think we'd have any problems ... ds has been getting mrc lrm for 2 years. I filled in his renewal form and it was the same as his original form, I'd altered wording so it wasn't an exact copy, and updated further needs. Renewal came through at mrc only. Mandatory reconsideration took whole award away!

magpie ... I was expecting 20 minutes and decision on the day. But no, an hour and a half later to be told they'll make their decision and sent a letter through post. I guess all areas must have different procedures?

OP posts:
frazzledbutcalm · 12/05/2017 12:38

Received letter today ... we've been turned down by tribunal. Absolutely gutted. No idea what to do now.

OP posts:
zzzzz · 12/05/2017 12:49

This reply has been deleted

Message withdrawn at poster's request.

Branleuse · 12/05/2017 14:06

oh no, thats shit Sad

Polter · 12/05/2017 15:13

So sorry to hear this Flowers

youarenotkiddingme · 12/05/2017 16:18

Frazzled Angry

Personally I'd reapply again from the beginning and get some support with the wording. I'd be happy to help Flowers

zzzzz · 12/05/2017 17:31

This reply has been deleted

Message withdrawn at poster's request.

frazzledbutcalm · 14/05/2017 20:18

They don't give a reason ... just says ds doesn't meet the requirements Sad
It says I can write asking for a written reasons of their decision. I can appeal to the upper tribunal if I think there has been an error of law.
I'm going to write tomorrow asking for their written decision. I'm seeking advice on Tuesday about if I can appeal to the upper tribunal. If not, I'm going to reapply from scratch - ticking the box that NO I don't give permission for them to speak to school.

Incidentally, on the DWP reconsideration response, they said ds doesn't need the continual care I stated he needed .... only I NEVER anywhere on the form said this, I always said frequent care. They also called ds by the wrong name in one section! Copy and paste error.

OP posts:
frazzledbutcalm · 16/05/2017 22:01

So today I've rang for a new DLA claim form, I've also written for the appeal decision reasons letter, and I've contacted LA for disabled forum help.

I'll work out which way to go once I have decision letter and advice in.
We really shouldn't have to fight for our children.

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donajimena · 17/05/2017 09:12

I've been unsuccessful in the mandatory reconsideration. Not sure whether to go to tribunal or not. What pisses me off is that I would be happy with lower rate care. His needs are definitely not high rate worthy. The impact is that due to his needs I cannot work full time. Thats why the DLA was helpful.

frazzledbutcalm · 17/05/2017 10:19

Oh no don Sad

Ds was getting mrc lrm ... which I feel was fair for his needs. At renewal they gave him mrc only. After appeal etc he gets absolutely nothing. Makes me wish I'd stayed with mrc ....

I'm the same as you ... the DLA means I don't have to work full time. We're snookered massively this year as dd2 leaves college so we're losing our part of tax credit for her (and her disability premium) ... and now we've lost ds DLA. It means I'll have to work ... It's just not a viable option though 😔

OP posts:
donajimena · 17/05/2017 13:20

I absolutely want to work more but its just not viable. Two of mine are SN ( the other renewal is due August bricking it now)
I have decided I am going to appeal. I just hope I have got the strength.

frazzledbutcalm · 17/05/2017 19:38

Get expert help with your appeal don ... there was so much detail in our paperwork that I thought there was no way ds could be rejected. I can only assume it was all in the wording.

OP posts:
Cph21 · 26/06/2017 19:53

Hi not sure if this is the right place to post new to this. In a nut shell my daughter was diagnosed as blind at 4 month earlier old and registered legally applied for DLA as advised by her consultant. Been told today after months of waiting that she doesn't qualify. Heartbroken isn't the word! Have sent a mandatory reconsideration by special delivery today can anyone advise if they have been through the same thing? Any ideas if I will win or if this is going to be a battle. SO very unfair to family's who have enough to deal with. Thanks in advance for any help xxx

gatorgolf · 27/06/2017 09:41

How old is your daughter? If she is still very young ie. A baby then maybe it's because her care needs are not yet significantly more than any other child but will increase as she gets older

Whitecovers · 09/11/2017 19:48

Just read through all this as about to put in a DLA renewal. I cannot believe how you was treated @frazzledbutcalm!

How did you end up getting on?

Zxcvbn123 · 30/10/2018 21:02

I just read that the comments by someone who knows the child doesn't need to be filled in? If it's a renewal is it ok if I don't get that part filled in