Just found out I have been refused DLA

[Chocol8]

...after all the time it took to pluck up the courage to find someone to help with the forms and waiting over 2 months for a reply.

I would like to appeal if/when I can get my hands on the form from SS, but at the moment it all seems a bit pointless.

Everyone who knows my ds knows how much care and constant attention he needs because of his ADHD and AS, but I know the powers that be would not be able to cope with him for over 10 minutes...he is a real Jeckyl and Hyde character and can be a monster (quite literally) one moment and an angel the next. He takes 30mg Ritalin, 4 x eye q and 9mg Melatonin, so 10 tablets in all daily.

Do those of you "in the know" think it is worthwhile appealing or should I just let it drop?
xx

hi I'm a new member,hello everyone,I applied for dla for my 13 year old son who has asd/aspergers.I discovered yesterday that we are to mget a home medical visit today help.I know that my son will refuse to talk or even be in the same room,he originally got turned down because school said he was highly intelligent so I asked for reconsideration.

Chocol8....that would be funny if it wasn't so appalling Do they honestly think that a 6 year old should self medicate Ritalin...or anything else for that matter! What happened to 'keep medicines out of the reach of children'? Social services would have a field day. On the mobility point - does your child need more supervision than a NT child of his age? - to keep him safe? if so then you have a case for low rate mobility.

Hi Loopsie, sorry don't have any experience of a home visit, hope it goes OK.

I'll let you know they are due 11-12 today

Hi Loopsie. dont have experience of home medical visit either but would have thought that if your ds doesnt cooperate, in a way, that should tell them all they need to know about why you need DLA! Let us know how it goes.

TC, why on earth did they send the blue badge forms back to you?????? Any explanation?????
I wanted to clarify something about DLA though - yes you pretty much automatically get the higher rate mobility if the chid isn't walking - the care component (which is what Lottie has been getting all along) - depends on all sorts of things, but to get the higher rate you need to show that the child has significant regular nighttime needs over and above blablabla.

Thanks jimJams i'll bear that in mind and do a bit of research maybe when i get back from my hols.

Geekgirl - the blue badge was sent back as they said they need proof that she needs help getting around, ie, can't stand or walk. So I have to weait until my review has gone through and see what i get and then reapply. As she's on low rate now, which she shouldn't be by the looks of it.

I've got too much on my plate at work and just about to go away for a bit but after that the the jump i'll have a bit more time and I'll pout in a call and start making noises about all this.

This is where SN chats come into their own you know.

Chocol8 - what can i say to you about that?? Sweet Jesus! As you may have read i'm on hols soon, last chance to post will be tomorrow and then back on the 17th so I'll speak to you again then. I was just wishing you luck but then deleted it becasue you don't need luck, this is your right and you will be getting what your son and you are both entitled to, and that is that!

Lots of love TC x

Have posted this before, but here it is again in case its useful, it covers getting DLA mobility component for someone who as no physical disability:

There is a leaflet to do with DLA that is printed by Social Security and The Benefits Agency, it is leaflet no DS706. To quote:

A child aged 3 or over may be able to get help with getting around if they:

• are severely mentally impaired with severe behavioural problems and qualify for the highest rate care component (the empty dashes are other points relating to physical disability I can?t be bothered to type out)

A Child aged 5 or over may be able to get help with getting around if they:

• can walk but need someone with them when they are walking outdoors

Chocol8-sleeping baby downstairs so not much time just wanted to send support vibes. Also, I'm sure that this has been covered but am going to add the following (representing claimants at DLA appeals is part of my job).

1. Get a rep. Chances of sucess go up about 20 %
2. Go for an advice centre with a Welfare Rights Legal Help franchise if you can eg CAB or Law Centre over solicitors. The local CAB can tell you if they have a franchise and if not, who has locally. Advantage is you get people who are trained and experienced in representation and benefits generally, not solicitors who just do a few hours training every year and often have never been to a Tribunal. AVOID "no win no fee" touts.
3. Local CAB, Law Centre etc can help with DLA forms and indeed are trained to help.
4. Make sure the rep will go with you to the appeal. Some (especially solicitors) just prepare standard submissions to take with you to the interview. Appeals are tricky: the Tribunal will ask lots of detailed questions and they do fail to look at everything they should look at. A good rep will ask any questions that they have missed.
5. Not clear if you've got your GL24 in. If not-don't delay, get it in. But if you get any extra evidence from GPs etc, keep sending that in if you think it is helpful. It really is a good idea to get advice here as some things can look helpful but actually aren't. The DBU might change their mind before the appeal. A decent rep will get some supportive reports eg from school, doctor etc.
6. It takes our volunteers abot 2 hours to complete a DLA form btw so its a bit worrying that she did the form so quickly.
7. Ask for an oral hearing. That way you get to put your case forward. A Tribunal is not a court,its meant to be as relaxed as possible. Its a bit like a formal job interview.

Good luck.

Also Thomcat the test for a blue badge as I recall is not whether someone can actually stand it is whether they have severe difficulty standing or walking. A letter from your GP to this effect should suffice as far as I know. I may be wrong and I can check this.

Thanks very much Mergle - I have not submitted my GL24 as it was advised from the DLA office that I go to reconsideration first, which I did there and then on the phone. I don't know if there was enough evidence there to help but I have since photocopied a report from when my son first went to see the new consultant last year and he was bouncing around like a beach ball and being very hyper. A few pages of a school diary from last year with very bad behaviour (hitting, biting, kicking - the teachers mainly) and the Family Fund form, which she said would help to copy to them as I did receive an award from them.

I did actually call - on MN advice - my local CAB, but they said that they didn't help with that sort of form anymore. I was floundering without the help and this was back in February before I discovered MN, sadly.

I still find it hard to believe that it was said that he self medicates Ritalin! I am truly gobsmacked. He puts it in his mouth when the assistant gives it to him, that's all....is that considered self medicating these days??? Will be having words with the school in September.

The FF lady spent about an hour on the DLA form after filling in the FF forms, which took an hour too, so she had alot of the same kind of info from that, however she didn't fill it in immediately and probably did it in a hurry somewhile later, so it's really my fault for letting her take it away. Now I have seen how a form should be filled in properly - care of Thomcat and Dottee - I just wish I could have had the energy to tackle it myself or with help from a friend from the Autistic Group.

Thanks very much for your advice Merglemergle, it is very much appreciated and I will take it. I will start by seeking out my HV on Tuesday! I only have another 8-10 weeks to wait for the reconsideration stage! xx

Chocol8

I think you have been badly advised by the DBU re reconsideration

a. Reconsiderations have only around a 5-10 % sucess rate. At appeal, on the other hand, the sucess rate is about 60%.
b. You automatically get a reconsideration anyway if you ask for an appeal. A reconsideration is when a different "decision maker" ie someone with the power to make a DLA award, looks at your papers again to see if they can make another decision.
c. In my experience they will only change their minds either if you have submitted substantial evidence to show that their decision was wrong or if there is an obvious silly mistake on their part.
d. Lots and lots of people submit reconsideration requests, get turned down again, assume they haven't got a case and so don't bother to continue with the appeal.
e. You can of course appeal a reconsideration decision but I think that the time limit is only 2 weeks.

So the DBU are onto a good thing with suggesting reconsdierations-its going to mean fewer of their decisions are changed.

You can still ask for an appeal using form GL24. The only difference is that if you are turned down at reconsideration you will then automatically go to appeal. Otherwise you will have to submit a GL24 if you are turned down, or don't get the rates you want.

My GUESS is that the consutlatins report and the school report will be insufficient because they are from last year but can't be sure w/o seeing them. I know this sound really pessamistic-I do think tribunals in particular are sometimes a bit nicer where children are concerned.

The Ritalin thing seems ridiculous-presumably he needs someone to actually look after and hand over the medicine so no, that is not self-medication but if the school have said that he does self-medicate then you will need to explain the situation at the tribunal.

Is there not a Law Centre in Luton? (vague distant memory of meeting someone on training). I thought they did benefits but I'd give them a call and see if they can represent. They may be able to help with DLA forms.

I am also concerned that you only asked for a reconsdieration over the phone. I would suggest that you write to them at least confirmeing that you want a reconsideration, with the person's name etc. The DBU do fail to act on requests for reconsiderations and if she has not entered it into her system, you may end up out of time to request this reconsdieration.

I think your problem will be that ADHD and to an extent AS have quite a spectrum of severity so that it is possible for someone to have ADHD + AS both so mild that they can hold down, and even excel at, a full time job, live alone, etc. At the other end either one alone could be completely disabling. So you will need to show exactly how ADHD and AS affect your sons life, preferably with letters from consultant and school.

Good luck. If I can help more I will-let me know.

A good website is that produced by Barton Hill advice centre-
www.bhas.org.uk/ it has free guides to claiming DLA.

I don't know anything about your situation but if you are not working you might be entitled to Carers Allowance if he is awarded MIddle or Higher Rate Care DLA. If you claim now, you will be refused, but if he is then awarded DLA at these rates you will be able to backdate CA to the date of your claim-so claim CA now if you will be eligible if he suceeds at appeal in getting these rates. I think that makes sense? Baby half asleep on lap (just) so this hasn't been proof read-sorry.

Wow, thanks Merglemergle - what a reply, thank you.

At the moment, I am working full time and a childminder takes him to and from school. She also medicates him at lunch time and early evening whilst he's on holiday.

I'm not sure whether the ADHD or AS is the more debilitating - that may be too strong a word - I feel that whilst he is self harming and so full of anger, it could be either. More recently he has been turning his anger on me - 3 times this week alone - which is unusual because of the severity and the frequency.

The lady from DLA took the details and typed them up whilst I was on the phone and suggested that I send the stuff to them in the post with a covering letter...until then, they will sit on it all. I will do this tomorrow as I took copies of everything.

I get really frustrated at this point above all: My ds CANNOT COPE WITHOUT RITALIN. He has been thrown out of 2 nurseries and very nearly got pushed out of his present school because of his behaviour. In the mornings and the evenings when he's off his medication is when the nightmare starts, prior to this, mostly he is an angel. I am stressed and in pain and have no support network (except MN) as my Dad and Sister are away this week. Anyway, that's by the by.

Your memory serves you correctly - there is a Law Centre in Luton but I had no idea they could help with this. I really need to see who my HV is these days. In the past, they have seemed to be a bit useless with the problems I experienced when my ds was younger. I will call both on Tuesday and see what I can find out. I will send my "evidence" for what it's worth tomorrow and wait and see. Middle to lower rate would be fine - I have been told by friends and MNers that we deserve DLA, and now believe we do too.

Thanks for your reply Mergle, it is much appreciated. xx