Appealing DLA child claim.

[Hugbear]

My DS has been awarded DLA lower rate mobility. He has severe autism and GDD amongst other disabilities and is really difficult to manage when outdoors due to meltdowns. His SEN school have advised me to appeal this decision as they feel he should've been awarded High Rate Mobility due to his severe needs. I'm just exhausted of claim forms and terrified of challenging this decision in case he loses his award as I understand they reassess the claim. Is it worth appealing, have you had any success with appeals? Really not sure what to do. Thanks.

My DS has recently been awarded LRM. I did think about appealing it but I've decided not to in my case.
You are right in that if they look at the award again, they can change it. I think they like that to be known to put people off. How long is your award for?

The criteria for HRM is high. This from the Carer's UK website:

'The higher rate mobility component can be paid to a child from the age of three years. It is for children who are unable, or virtually unable to walk, or where the exertion required to walk would constitute a danger to their life or would be likely to lead to a serious deterioration in their health. Children can also qualify if they have a severe visual impairment, are both deaf and blind, or are severely mentally impaired.

To qualify for the higher rate mobility component because of severe mental impairment, the child has to meet all the following criteria:

1. be entitled to the higher rate care component of DLA
2. suffer from a state of arrested development or incomplete physical development of the brain which results in severe mental impairment of intelligence or social functioning
3. exhibit ‘disruptive behaviour’ which ‘is extreme’ and ‘regularly requires another person to intervene and physically restrain them to prevent them from causing injury to themselves or another, or damage to property’
4. be so unpredictable that they require another person to watch over them whenever they are awake.'

That all said. I do know children with ASD who have qualified. It's partly how you put the evidence together.

Would your DS's school be prepared to write supporting evidence? What kind of evidence did you include? It's worth including a diary of a day/week in your life really detailing the difficulties you and they face in terms of getting around.

I know what you mean about not being able to face all the forms and appeals.
The Citizens Advice offers a service to help with DLA appeals. I don't know how easy it is to get through though as I've not used them myself:

www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/dla-appeals/dla-mandatory-reconsideration/

I'm sorry you're going through this. Life can be hard enough without this extra stress

Good luck!

Thank you @Toomanyminifigs.

His award is for only 2 years. Looking at the criteria for HRM, he does fulfill all the requirements but it's scary to think that a reconsideration can result in a nil award. I've sent the EHCP and OT report.

A friend's daughter who has high functioning ASD with very little care needs has just been awarded DLA for 7 years. Really don't understand how the DWP come to these decisions.

That's interesting @Hugbear. My DS has been awarded for 2 years as well. As I said on another thread, I'm not sure how the DWP think his autism is going to be cured in two years! It's horrible isn't it? A 2 year award means starting the paperwork all over again in just 18 months.

I know how helpful having HRM can be in terms of being able to apply for a blue badge (although you can apply on LRM, it's just not automatic). For some families HRM can be life-changing.

I'm afraid I don't have any helpful advice for you. Personally, if I were you, I would appeal it but I completely understand why it's a difficult decision.

I think the DWP definitely need to be educated about autism and the fact that it is a life long condition. I think I will be appealing now.

Hi did you manage to get hrm on appeal x