DLA MR advice

[Needanewadventure2021]

Hey

After over 10 weeks of waiting yesterday my child received a decline. I will be honest I broke down when they listed their reasons. To the point I had to ask 'are you sure you have even looked at my child's claim?'

It felt like their reasons were read from a generic document and have no relevance to my child's application. Nothing at all related!

However it wasn't until the care part that really upset me. My DS needs alot of extra help/care/supervision. I find it draining how demanding he is of me still. They dismissed he needed any additional assistance with anything and apparently he is able to do everything I gave very clear examples of that he actually can't. The list is very very long!

I know it sounds strange but has anyone experienced this where it feels like their reasons have no relevance to the claim you submitted?

I sent off his medical records, medical diagnoses, CAMHS referrals, OT, details of therapy through school and school SENCO details. His isn't diagnosed yet with additional needs but we are pursuing an ADHD/ASD diagnosis.

I'm absolutely gobsmacked over the decision. It doesn't make sense to me at all. Not at all!!

I need to wait for my papers for come back to file an MR but what the hell do I need to do? Yesterday I felt so drained with it all and how things are escalating at home so all I did was cry. Today I'm full on 'they are taking the piss, telling me he doesn't need any assistance'. I dont wish my child to struggle like he does. I wish his life was easier. But its not.

Any advice would be appreciated. Thank you

Hi. Sorry they refused your claim. You have a strong chance of the decision being overturned so try not to worry.

Wait for the letter to arrive with their bullshit reasons for refusal, and pick apart every last bit of their shit!

Do you have any new reports to add in? Could school write you a letter? Senco / head / class teacher? You could tell them your ds has been refused for DLA and you are having to appeal and would appreciate if they could back you up so to speak.

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

This link has lots of info about MR.

I’ve copied and pasted this bit from the Citizen advice link that I posted above, just as an example of what I mean about picking their shit apart,

‘’Your letter says I’m not entitled to DLA because my child doesn’t need continual supervision to avoid substantial danger to himself or others. This is incorrect. When my child is at home I have to be in the same room with him at all times because he can hurt himself when I’m not there to watch him. He often throws fits - in the past he has knocked heavy things off shelves and hit his head on furniture. This could injure him or others. He needs continual supervision to avoid danger to himself.”

And then more of the same for each reason they give you on the letter etc etc.

Ive never done an appeal with my ds, but I would be ready for poking eyes out if I had too! 🤣

Good luck!

Haha love the last bit. I am really angry. How dare they!

We are currently at a point of little to no sleep to add to everything else. It's killing me. I'm working FT in a very fast paced job. I get home and it's full on. I get no time off or to myself. During 'usual sleeping hours' my child is either awake or throwing himself around in his sleep hurting me as he wont sleep alone. I think I'm getting less than 2 hours broken sleep a night. So that isn't helping as I am exhausted.

Thank you for your advice though. I really so angry about it so I need to arm myself to get their decision overturned. I'm offended by their decision of him needing no additional care or assistance. My claim form had an additional 14 pages of examples of all the extra help he needs and how he is helped etc. The doctors referral stated all the additional help he needs and requesting an urgent referal to a child psychiatrist due to his escalating anxiety and aggression.
Since my claim OT referral has been made and he has begun therapy at school. School won't write a statement (God knows why) but ive been told they are happy to be contacted by the DLA. But I've been told they don't contact the school or doctors? I've got an appointment with the doctor at the end of the month to lay it all out. I dont know if I can request anything from his then because he has done all he can? This year his made 3 urgent referrals to CAMHS already!

I feel foolish now as only a few weeks ago when things have all started moving in the right direction with support I was so sure he would be awarded. To be told he hasn't been was a shock

You can make a SAR to the school for information about DS.

@AReallyUsefulEngine I've popped you a PM

Hi sorry to jump on here but did you do your MR? If you did what was your outcome?

I'm still waiting for their decision. It's been a week so far. I was waiting for OT school report which never arrived but I have more services involved as evidence.

I'm just annoyed that the OT report is still delayed nearly 6 weeks on! That had so much information in supporting my claim.

Have you done one or are thinking of doing one? I have to be honest I was devastated that I even had to

same, it’s been a little over a week since I sent my MR in. I was also awaiting letters from professionals. It is crazy how long it takes them. My Son’s Paeds Dr has the worst receptionist as well. Fingers crossed we get somewhere with our MR’s. If you don’t mind me asking what did the OT put on their letter?

Absolutely nothing. She didn't send her report in time. I've been waitng for it since May and it keeps being promised to me and still not received. I need it ASAP as I have his CAMHS appointment soon as well as SALT and I want to take proof of where we are with everything

OT is through school. My son basically spends his day sensory seeking. His sensory hasn't developed at a basic level and his fine motor and muscle development are poor. He is having daily therapy in school for this so I'm really upset her report hasn't been received as the reason why his claim was declined was because there were no interventions in place. Which is a lie as there is this and others. He also zones out regular times throughout the day so I've been asked to explore vacant seizures.
I found this out at a meeting at school around 1 week after his claim was declined. What come up in the meeting did not make sense for the claim being declined at all. I believe they lied

Hi @Needanewadventure2021 sorry to jump on here so late.
Did you finally get your MR decision? How long did it take if you don’t mind me asking.
x

I'm still waiting. Since June. All I know is that they have wrote to my son's doctor. I'm 27 weeks in total now from the beginning

Oh no way! I hope you get sorted soon.
I'm only 15 Weeks in all together so I think I have a long road ahead
fingers crossed for you x

I read the other day that new claims are taking around 18 weeks online now. MR was only 5 weeks when I submitted but I know they wrote to the GP in August and that's where the delay is. I decided to stop chasing it as I found it all so unfair. My son is on the right path now with his therapys and diagnosis which is most important but he should never have been declined. I pray its a good outcome though as fighting it draining.

Hope yours is successful

Yes. And when i read up on it it is my son! I emergency moved his school recently. After years of failings it couldn't continue. He is finally with a school who are incredible, see my son's struggles and accepts that he will behave different at home, and they work with me as a team. He is under a fantastic SALT and OT who are already firing disabiiities at me which I thought all along.
Im still awaiting the outcome of his MR but I feel even more positive now that he deserves to be awarded. So if this is a decline I will take it further. Though I really hope it wont be, we are so much further now working with a team to support him so I know our evidence is much greater.

The saddest thing is he was declined due to lies his old school told the DLA. Lies i proved were lies. I just know if he would have been in the school he has now things would have been in place alot sooner and things would have been so different for my son.

I totally get that. We spent years trying to ‘prove’ there was a problem. School saying it was separation anxiety. Threats to prosecute us for non-attendance or off-roll him. When you finally get people on your side it feels good doesn’t it. Still hard, exhausting, but at least having professionals now who can name and explain everything, it gives us some hope. I hope you get the DLA for your boy x

Its terrible isnt it. Ive recently been accused of neglect. Its been the worst time of my life ALL because I asked school for support.
Im glad it was all proven wrong quickly but it will haunt me forever

MR was declined today based on old schools further comments. GP report not received yet so went off old school. Feel so deflated it's untrue

You should appeal! 100%! I was a welfare benefits adviser (in a previous life!) and took a case to tribunal - child was 15, undiagnosed ASD/PDA, labeled by school as a naughty teen. We won the case, high rate DLA backdated to the date the claim was submitted. You’ve got this far, you may as well do the appeal. You’ve nothing to lose. Maybe see if a local charity can help, to take the pressure of you xx

@PDAmomma where would I start. The upset is now setting in

Am I even allowed to request a copy of the GPs response to the DLA from his doctors surgery?

@Needanewadventure2021 I feel for you!! I really hope you get sorted and have some luck with the appeal if your going to go ahead with it (I would) even tho it’s draining physically and mentally. I wouldn’t know we’re to start 😥 x

I have to carry on but I'm so fed up. I've no idea where to start

If you appeal you will be sent all the evidence in the bundle.

@AReallyUsefulEngine do you mean the evidence they've received or everything I've already sent?

I have to say the DM was so lovely and he did tell me this isn't the end and I can continue. I knew the old school would be his downfall. I'd go into detail what actually happened but it's way too outing and absolutely horrendous to be honest.