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Should I do an MR a on DLA decision?

7 replies

DaniFar · 30/05/2023 10:01

Hello,

I’m sorry this is long but I am so confused .. I’ve received the DLA letter to say my son is entitled to middle rate care as he needs help with bodily functions throughout the day which is true as he either has chronic constipation or loose movements but it’s also throughout the night (it doesn't magically stop).

My son is 2 and has a rare genetic condition, GDD, low muscle tone and hypermobility. He is also likely on the autism spectrum.

He cannot walk or talk.

The thing is I put way more detail on the forms (he’s 2) I explained he overstuffs his mouth with food until he is sick or chokes, that he wakes up in the night screaming at 2/3am and is awake until 7-10am and we have to get him out of the cot as he thrashes around and bring him downstairs where he needs to be supervised, I’ve explained he can’t dress himself like simple things such as putting his coat on or anything and becomes extremely distressed when we try and dress him and it can take up to an hour. I’ve explained he can have violent meltdown at home and when we’re out which results in him hurting himself and others and how he’s non verbal and has a limited understanding so is a danger to himself as he doesn’t understand no and don’t touch. (I put it in more information for the claim but just summarising here).

It’s like they’ve ignored all of that and only awarded it because he needs help with his bodily functions (which don’t magically stop at night).

I don’t know whether to do an MR or not - we were awarded middle rate care but I feel like it's just odd to award only on the bowel issues.

OP posts:
DaniFar · 30/05/2023 10:09

If so, what do I ask for with the MR - is it a statement of reasons?

OP posts:
ThomasWasTortured · 30/05/2023 11:52

When DWP use the term ‘bodily functions’ in relation to DLA they don’t just mean toileting. The term also includes things like eating and drinking, bathing, dressing, communicating… so it doesn’t mean they have ignored everything but the bowel issues.

What evidence did you send to support what you wrote about night needs? You need to show DS has night needs beyond what is typical for his age, and you do that via evidence. You can’t receive the mobility component until 3 (for HRM) and 5 (for LRM).

Yes, you can request a statement of reasons.

DaniFar · 30/05/2023 12:00

I didn't understand that which is why I was so confused.

I know about the mobility. I will be doing a COC when he's three as he's expected not to walk until 5-7 years old.

I've sent all the ped letters but I'll just wait as I agree with all his needs apart from night time but I can't really get much evidence supporting that apart from how many coffees and energy drinks I have Grin

OP posts:
ThomasWasTortured · 30/05/2023 12:08

Do the paed’s letters mention night needs? Have you discussed sleep with the HV or any other professional involved? Does DS take melatonin? Has a referral to a sleep clinic been made? Has anyone mentioned a specialist cot? All those can provide evidence to support night needs in excess of what is typical for DS’s age.

Jneill2021 · 12/11/2023 15:24

Hi I'm just looking for advice really, I'm looking to do a Mr for my son he has been awarded lrm he already is in recipient of hrc, I'm looking to do Mr for hrm he is diagnosed autism spectrum disorder, global developmental delay, servere receptive and expressive language difficulties, also awaiting a adhd diagnosis

He has refusal to walk episodes every day to the extant he has to use a push chair or trike we are currently in talks about a specialised buggy or wheel chair there that bad
No danger awareness
Displays servere unpredictable and disruptive behaviour to the point he can't be left alone home or school has a 1-1 through out whole school day including break and lunch as out of the blue would pinch bite or hit anyone in his proximity so has to be physically removed from the Situation.

I'm just wondering has anyone been successful with a child like mine as I'm finding it really hard to go anywhere with him.
It's just really draining not knowing weather I have a case for smi rules or vuw xx

Any help would be really appreciated
Thank you

ThomasWasTortured · 12/11/2023 16:38

You would be better starting your own thread.

Have you looked at the SMI and VUW flowcharts here

ThomasWasTortured · 12/11/2023 16:41

Oh I don’t know what is going on with the links. SMI and VUW flowchart here. Contact booklet here.

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