Turned down for dla again!!!!

[Billijo1]

Hi i have just had my mandatory reconsideration refused it has took from May to get to this point I feel like giving up....my son is 8 1/2 he has been diagnosed with mild c.p urine incontinence and servere constipation.his muscles in his legs are affected causing him difficulty walking be cant go out on his own because of constant falls he can't go up and down stairs with out my help he is still in pull ups for night time he can't control his bladder and suffers with extreme constipation...I think we was turned down because the school said there was no care plan in place....now they have called me to come in and sit with the nurse and do a care plan...so do I appeal the decision or make a new claim with the care plan and other evidence please help

Appeal. I went through similar (though for ASD and LDs and got High rate care on appeal whilst nothing when I applied nor on MR).

Before you fire the appeal off, have a look at the cerebra guide and see if you filled in the form right.

also simply wearing nappies at night would not mean extra care needs provided he puts them on in the evening and you take them off. A care need would arise if you had to get up at night because the pull up leaks and needs changing etc.

It is all about the actual care you provide (if that makes sense).
If appeal is successful, you should get the DLA backdated to the day you applied as well as tax credits and carers allowance (if applicable). so potentially, this is a lot of money if you applied back in May. If you really think you have a case, don't let it go.

Hi thank you for the reply yes I do have to get up in the night as he must wee that much he does wet the bed so I then have to strip his bed change him and then settle him again he also wakes up most nights with cramps in his legs I will look at the guide to see if I did explain everything properly...what happens at the appeal can I take new evidence in with me that I wasn't included in my original claim xx

yes, it is important that you explain all these things. Saying your child is in pull ups at night (not saying that you wrote that) wont help. DLA is not based on diagnosis but it is all about the care needs. You need to explain what you do for your child and why you do it and what would happen if you don't do it.
Do maybe a diary for a week to attach to your appeal?

I did not send extra evidence in with the appeal form - just reteraited what I had said in application and MR. Before it goes to an appeal hearing, someone within the dwp will look at the case again. That's when our decision was changed (i.e. it did not go to an appeal hearing). But if it does don't worry. I have a few friends who had to appeal and all got the original decision overturned. waiting times for DLA tribunal can easily be 6 months - you would also have time to arrange support (e.g. CAB).