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Please would someone be kind enough to check my reply to DLA ?

74 replies

Chocol8 · 11/08/2004 23:09

sorry to be banging on about this yet again but please can you tell me if the following letter is ok - all suggestions welcome. I took bits and pieces from everywhere. Before I send it, (which needs to be very soon) please could you tell me if it is correct?
Thanks in advance. x

Dear Ms XXXXXXX

I write in reply to your letter dated 10th August 2004 (XXXXXX). I was recently refused DLA for my son XXXXXX. I received notification by post and was informed that I should appeal by completing form GL24 which could be obtained from Job Centre Plus. I called them and requested a form but to date, have never received it. I then called DLA and requested the form from them which did arrive.

Wanting to know in more detail why my son had been refused DLA, I called the helpline number and was given the reasons for his refusal.

It is unclear as to where this information came from as it seemed very vague and on the whole, the majority of it is untrue. I was told that my son was “responding well to medication and is a lot calmer, that his speech and academic work is good, that he plays well in games and p.e. that he has good self-care, and good road safety which is age appropriate”. I was also told that my six year old son self medicates Ritalin.

Because p.e and games were mentioned, I am assuming that the school wrote a report which I did not receive a copy of (I requested a copy of my original DLA form from May). Along with the copy of the DLA form, I also received a copy of the letter that his Consultant Dr. XXXX had written, but there was nothing to indicate that there was a second report. I will be speaking to my son’s school when he returns on 2nd September to see if they can shed any light on this matter.

It seems that the details of the DLA form and that of the Consultant have been totally overlooked in favour of the as yet unseen second report. For this reason, I have requested a Reconsideration, as I feel strongly that my son is indeed entitled to DLA.

For the record, I would like to address the points raised in the decision. It is a fact that XXXXX NEEDS Ritalin to be able to lead a more “normal” life (he is currently on 10mg, 3 times a day) and to cope with everyday life. It is the ONLY reason he is still attending mainstream school as prior to his diagnosis, he was at the stage where he was going to be excluded from two nursery schools and his current school. The school is more able to deal with him now ONLY because he is taking Ritalin.

His speech and academic work has always been very good, however when the Ritalin wears off, it is a completely different story. Since starting school, he has been allocated a teaching assistant because of his needs as although he is a bright child academically, he lacks the social interaction skills that “normal” children have. He is now allowed to play games and p.e. at school – in his foundation year, they could not cope with his persistent hyperactivity and excluded him from all physical lessons.

I have to help XXXXX with his self care, although he does like to have a hand in it, I cannot let him do this by himself. His road awareness is atrocious. He could easily run out into the road if not restrained, and given that he self harms, this is a real concern.

Lastly, I was told that he self medicates…perhaps this is an issue that I should take up with Social Services? Depending on whether he is at school, at home or in the care of his childminder after school, he is GIVEN the tablet to place in his mouth by an adult or it is placed in his mouth. He is then watched whilst he swallows it with water to make sure he has taken it. At no time has he EVER self medicated and never will. With or without his special needs, he is a child of six and as such will never be given the chance to self medicate. (Only myself, his childminder and one of two assistants at his school are allowed to medicate XXXXX, and everything is logged fully at school and his childminders.) I would also like to point out that medicating my son with a drug such as Ritalin was not an easy decision to make and I resisted it for a long time and spoke to other parents whose children take it, but unfortunately it is the only option available to me, as without it, my sons life would be unbearable.

I was requested to enclose “evidence” of XXXXX’s disabilities which include photocopies of his Family Fund form, a school diary – prior to Ritalin – and the report from his Consultant (prior to Dr XXXX), Dr XXXXXX MBBS MRCP MRCPCH, before she went on Maternity Leave.

He was referred by Dr XXXXX to XXXXXXX at CAHMS for his self harming behaviour which we attend once or twice a month. Whilst we have been attending, no progress has been made with regard to his self harming or his violent behaviour.

To conclude, my son cannot be categorised simply as a child with special needs – he suffers from ADHD and Asperger’s Syndrome and as such needs special attention, love and patience, 24 hours a day. His behaviour can be extremely aggressive either toward me or to himself and he has harmed himself and me on many, many occasions.

For the reasons stated above I would like you to review his case please. If you have any queries or require further help, please contact me via the following numbers: XXXXXXXXXXXX.

Many thanks
Yours sincerely

XXXXXXXXXXXX

OP posts:
misdee · 08/09/2004 07:44

if you are entitled to Carers u have to be earning less than £77 a week.

misdee · 08/09/2004 07:48

ooooo you can get carers if you are caring for someone who gets middle or high rate care componant of DLA. so go and claim, might be worth packing in your job. alsp checl Inland revenue site and do a quote for CTC with your son's dla included to see what happens.

Chocol8 · 08/09/2004 07:52

Thanks MrsF - I promise..that would be very useful Missdee, thanks.

I work for 37 hours a week but am definitely gonna speak to my manager when she comes back on Monday. If it works out that I don't get enough to live on then I will go back to full time hours - or look for a better paid job.

If I don't take advantage of this situation now, it will carry on and on as it is...it's not like I love my job particularly anyway, so....

Thanks for the info ladeez - by the way MrsF, I am too old to be a city wizz these days, but I used to be....sigh! x

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misdee · 08/09/2004 08:04

inland revenue ctc quote

have a mess about with that. put in your current hours, then try it with you not working to see how it works out. If you do go for carers allowence it is considered an income on the benefits section. the only ones that arent are income support, job seekers and job seekers based income support (i think thats what it is called)

hth

coppertop · 08/09/2004 09:28

You still get extra CTC if you get middle-rate DLA - it's just not as much extra as you would get with higher rate DLA IYSWIM. There's a page on the DLA form where you tick boxes if you are currently receiving CTC/WTC. If your DLA application is successful then your tax credits are automatically increased.

misdee · 08/09/2004 10:27

not always coppertop. i had to phone them to let them know about dd2 award and they had to backdate it all.

luckymum · 08/09/2004 15:54

Me too...... another back payment.

Thomcat · 08/09/2004 15:59

how did i miss this - chocol8 - an over due - how's it all going?????

Chocol8 · 08/09/2004 21:34

Hi Thomcat - it's going fine with the payments now, yippeeee! I have talked myself into going 4 days a week - I checked with our accountant and with the IR and think I can manage for a few months at least. The DLA makes it all possible - which means that really you lovely MNers made it possible, so thank you once again for not letting me give up.

My ds isn't so good however - another meltdown last night after swimming (after the one on Monday)...then late to bed, though why he didn't sleep I have no idea. I went to bed at 11.30 (which is early for me) and then woke with him shouting that he had a nightmare. He had me out of bed several times and in the end, after losing my rag because he was so loud - we both ended up having a boo hoo! It felt like sleep deprivation...and I was beginning to lose the plot. I am no good without sleep, but ds just keeps going like a Duracell bunny! I wish I could bottle his energy - i'd make a fortune...then I wouldn't need DLA eh?

Gonna ring about the CTC tomorrow and see about Carers Allowance too (if I get some sleep tonight that is!). Thanks. x

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luckymum · 08/09/2004 21:48

Chocol8 - just a tip - you can apply for Carer's online. They make out its nice and easy, but don't bother. It took ages to go through the screens, then the bloody thing wouldn't download and after several chats with the Helpline I had to do it all again on paper. The poor girl on the phone said there were loads of glitches in the system.

Thomcat · 08/09/2004 21:51

So glad to hear the DLA news babes, that's brillinat, well done.
Sorry to hear little 'un is having a bad spell, hope that sorts itself soon.
Is everything else okay?

Chocol8 · 08/09/2004 22:39

Yes thanks Thomcat, except for the wxh threatening me, everything is fine. Been a bit stressed lately but feel a bit better knowing I have DLA now. How are you? x

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Thomcat · 08/09/2004 22:47

threatening you??????!!!!!!!!!! What's all that about? Oh sorry maybe you don't want to go there. Blimey you poor thing. You still sounf upbeat and strong so that's good but hope you are okay deep down.
All good here, school seems to be great, she's full of beans, got her 1st privat SALT tomorrow, so yeah, all okay, just worried about you now!

Chocol8 · 09/09/2004 17:57

Thanks Thomcat - he is just being his usual controlling way...don't suppose he can help it after having done it for so long. Seems stupid that he has to have this control since we are divorced and have been separated for 5 years. Especially as his g/f has a baby on the way (no. 4).

It's probably because he knows he's not doing the right things by any of his children - especially my ds who is impressionable and easily hurt. He has hardly seen him except for 5 hours in the last 4 weeks, but feels that he has to take me to court to get him off me...i would really love that, as I have everything documented..every text, every time he doesn't or does see my ds. I'd love him to try just so I can laugh at him when he loses.

He kicked off on Sunday but only because we popped in to visit some of his elderly relatives. He somehow found out and started sending horrible texts about me staying away from "the family" cos I am not a member of it anymore...I pointed out that they are still my ds' family whether he likes it or not.
Even more strangely, his nephew is coming over for tea tonight and when I saw his Mum in town earlier today, she knew all about it, so perhaps my name isn't mud in his family as he suggested.

He is just a loser who obviously has nothing to do except send malicious texts to me.

Anyway, I have the support of my friends and family who all know he is a w**r, so I don't get too down about it.

Ooh, how did the private SALT go today? Tell us all about it! My ds's first tooth fell out today and he didn't even mention it to his childminder. Though he did swallow it! Thank you for thinking of me. x

OP posts:
Thomcat · 10/09/2004 08:36

What an unreasonable arse!
Will tell you about the SALT next week as my mum took L for me as I was working. My mum didn't seem to get it, as in why do they roll a ball to each other, how does that help, but I understand why so... I'm taking L next week so will report back then.

mrsforgetful · 10/09/2004 20:54

THOMCAT that's a bit like the response i have got this time telling people that leigh has got his SALT assessment on Monday (?on the way to a DX of Aspergers i hope)....i've had comments like ' But theres nothing wrong with his speech' etc.....i then try to explain that Aspergers is a 'social communication difficulty' etc!!!! In my case my boys are as disastrous at ball rolling as they are at conversation....and both these 'skills' have oner thing in common......TURN Taking....and thats not to mention the sheer co-ordinationskills needed to throw and catch!!

OOOOOH!
This is turning into a rant ...just because you said your mum missed the point!!!!! Not my place i know!!! XXX

Chocol8 · 14/09/2004 21:46

Girls...i just went online to my bank to check out the debits which fly out of there like mad and found a big credit in there from "tax credits"....! I am sitting here with my mouth open.

Thanks to MrsF and all of you who alerted me to it, I'm now better off once again thanks to Mumsnet.

Just had to tell you! Big hugs. xxxx

OP posts:
Davros · 14/09/2004 21:51

While your mouth is open, pour some wine into it and celebrate Tax credits.... that's one I haven't sorted

Chocol8 · 14/09/2004 22:03

Ha ha thanks Davros! I don't have any wine but will pour a cup of tea into it.

I called IR on Wednesday last week and the money went in either yesterday or today...sorry, still in shock! OMG, i hope it's correct - i will call them tomorrow and check it. x

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tracymac · 15/09/2004 19:59

Hi can anyone help me, my son is 5 1/2 months and is DS he has been reufsed point blank DLA and I am now in middle of appeal - can anyone give me some tips on how to fight this terrible system. Its so unfair, I have written reports from various proffesionals to say Kurtis has higher needs than an average baby his age. Please deserpate mother.

onlyjoking9329 · 15/09/2004 20:18

it seems to be common to refuse dla but if you push, appeal or ask them to look again you will probably get a different outcome, i am sure this is to put people off and of course often it works and people get nothing, the whole dla thing is something we could all do without having to fight, i am sure someone who has a similar age child will be able to help you more.

Chocol8 · 15/09/2004 21:41

I called the IR today and the figure they gave me this month will be repeated until the end of the tax year! I kept saying "no, no you don't understand, it's too much - I don't want to spend it and then get asked for it back again, or get nothing next year" but she just laughed and said that the DLA, working family tax credit and ctc all amount to this huge amount every month!!!!

Tracy - you have obviously read this thread, but the only thing I can say is keep going for it - don't give up. Mumsnet has been brilliant at supporting me and not letting me give up when even I believed that I didn't deserve it!

I stuck at it with support and won - it took 5 months but I know there are people out there whose claims have taken a lot longer.

Be prepared for a fight and don't give up. x

OP posts:
misdee · 17/09/2004 12:08

rememebr that lump sum and your ongoing monthly payments will be what is owed to you from when the DLA was awarded. so they owe you from april to now, plus the extra for the rest of the year. enjoy it!!

(might go down next year as the payments should be properly spaced out)

Chocol8 · 17/09/2004 18:46

Yes, Misdee you are right - I received the award notice today (yet ANOTHER one) and noticed that if my circumstances stay the same, my money will go down by about £150 a month as of the next financial year. I am still a bit gobsmacked tbh.

Still, we will endeavour to enjoy it, starting tomorrow. I am going to a 40th birthday party and my ds gets to spend time with his old classroom assistant who is babysitting him. Then the next day is his birthday, so i'll have a hangover and he will have loads of presents!

I really can't tell you how much great advice and support MNers gave me and how grateful I am. Thank you. x

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