High mobility rate DLA refused

[chikita1980]

Hello,

My DS has been refused high rate mobility on our DLA renewal. DS has autism and has frequently refused to walk and abruptly stops walking and dangerously runs on roads. We had requested for Mandatory reconsideration and DWP has replied back saying that they are sticking to their original decision.

The reasons given are:

• His refusal to walk episodes are due to his conscious decision not to walk
• The refusal to walk is not observed in school so it is not frequent and unpredictable.

I am planning on appealing against this decision. Can you please give me suggestions as to how I can go about this?

Why do we have to prove that in all environments the child will exhibit the same behaviour? How do I prove that refusal to walk is not his conscious decision?

Any thoughts, pointers and caselaws would be very helpful.

Thanks.

Dear friends,

Please any input and pointers towards this would be helpful.

Thanks

I think you are right to appeal. If he might run into the road dangerously - that's a supervision need which they haven't addressed. I might focus on that. Also fact that his refusal to walk isn't seen in school doesn't make it unpredictable or infrequent. Just that he will walk at school. If he frequently won't walk home it is still frequent and predictable. Have you heard of Advicenow? They have a guide about how to appeal - gives advice through the whole process. All free. www.advicenow.org.uk/guides/how-win-dla-appeal
Good luck

I’m in the same position - 1st time applying & got middle rate care when I thought I would get high rate & no mobility. I’m going to appeal.

How does night time wakenings 3/4 times a wk & having to lock bathroom doors at night because he is obsessed with water not count for night time & high rate care?

How does refusal to walk episodes due to rigidity of brain thinking not count as a mobility issue?

I’m waiting for the award letter but when I rang to chase today they advised only middle rate had been awarded.

I might start a post on chat as these boards can be quiet.

Thanks MariahJ for the response. I will look into it.

Dear GreyBird84,
Please refer to cerebra guide for more valuable information

I used the cerebra guide & contact a family guide.

I started a thread on chat & consensus is he is too young yet to meet mobility criteria & MRC is a fair award. So I think I will accept award & reassess at renewal.