DLA wait times 27 2024

[Robyn81]

Just starting a new thread as the old one will run out soon

She is 6 … so should I tell her dietitian everything .. and can she provide evidence

Unless there are feeding needs overnight, a dietician is unlikely (although not unheard of) to comment on overnight care/supervision needs.

So exactly who can provide evidence? Where should I go?

As I said, some with severe eczema and anaphylaxis who need care during the night might have evidence from a specialist nurse and/or consultant. Is DD under either? HV for those younger. Also, sometimes the community nursing service &/or the school nursing service will if they are involved. Sleep clinic if they are involved. Sometimes GP evidence is sufficient but not always.

Does anyone know if you need to provide a certificate of SMI from a paediatrician to evidence SMI? I’ve never heard of this before?

@Squishmallow01 you don’t need a certificate from a paed. What you need is to prove every step of the flowchart is met and provide evidence the support that. The evidence may or may not include evidence from a paed.

SMI certificates are related to council tax disregard for adults with SMI. Not relevant to children since they aren’t eligible to pay council tax anyway. The rules aren’t the same as being awarded HRM under the SMI criteria. Not always but often it is the GP who signs the paperwork for this.

Is dla awarded from the SC OR from FIRST CALL asking for foam ???

SD was 12 Jan

payment received 18 feb £665.10

can anyone tell me the rates ?

@BrightYellowTrain Thankyou for your replies. Who usually attends the tribunal? A judge, a doctor, would the DWP also attend?

@Hoori291 £665.10 is 9 weeks of MRC. £73.90 x 9 = £665.10.

If you called for the form and returned it by the date given, it is normally backdated to the date called. Although there are a few exceptions, such as when the timing rules haven’t been satisfied by the date called.

@Squishmallow01 sometimes a DWP representative called a presenting officer attends appeal hearing and sometimes they don’t. The most recent statistics from the 24/25 financial year showed POs attended 47% of DLA tribunals. As well as a judge and doctor, there is mostly a third member, a disability specialist, but not always. Sometimes hearings go ahead with only a panel of 2 rather than 3.

Please tell me how to make a night time care diary…

@BrightYellowTrain Am I allowed to take notes in with me to help me answer questions, as I’m worried I’m going to fall apart because of nerves or just cry (I find it really hard talking about my sons presentation and often get tearful and then lose the thread of what I was saying)

@Squishmallow01 you can take notes.

You could write a pre-prepared document if you want, submit it as evidence, then rely on it during the hearing. The document could take each point of the SMI flowchart in turn, explain how DC meets it, reference the evidence, cover any case law that applies to your case. This is what I do when helping others prepare their case.

That’s not to say, you don’t say anything else in the hearing, you can, but having a document covering all the points means you don’t forget anything and can deal with all the points in turn.

During the hearing, if you need a break, ask.

@BrightYellowTrain Thanks so much for your reply. I am so nervous. What is the usual order of tribunals for HRM DLA under SMI?
will they just go through the evidence and ask if I have anything to add? Or will they ask me for a typical day in the life? I’m trying to prepare myself and just majorly anxious about the whole thing 🫣

There isn’t really a typical running order. There is a huge range in what happens. From the panel saying they have already made their decision to award and apologising for it getting that far. To literally a couple of questions from the panel and that’s it. To in depth questioning of the evidence, typical day, school… And everything in between. You will be given the chance to speak whatever happens.

@BrightYellowTrain

one thing that really confuses me is this - I first applied for DLA for my son 2 years ago. We were awarded mid rate care and nothing for mobility as he was so little. I asked for a mandatory reconsideration and was then awarded high rate care and low rate mobility as by this point he was 5. I know he meets high rate mobility criteria so then requested a tribunal. This has all taken 2 years, from me first requesting DLA and all the fighting and waiting to get to the tribunal date. In that 2 years I’ve obviously been able to gather so much evidence because he has had so many interventions since then such as starting school etc - but will it all count for nothing as the tribunal looks at the decision 2 years ago? This really confuses me.

It will be based on the picture at the time rather than the picture now. However, that doesn’t mean more recent evidence can’t be considered. It depends on the content of the evidence.

It’s basically more evidence confirming he has no danger awareness, from school risk assessments/OT report/blue badge
so confirming what I originally said 2 years ago
will this be considered?

Without seeing the evidence, it is hard to comment, but, yes, evidence supporting the original application will help.

@BrightYellowTrain Thankyou. Can I also ask if it’s ok, what is their take on severe impairment of intelligence generally?
my son can count and do puzzles but has absolutely no danger awareness, needs 1:1 supervision, home safety adaptations because he will escape, he genuinely has no danger awareness and this is well documented. The DWP used the fact he can count and do puzzles as proof he doesn’t have a severe impairment of intelligence. My son in some ways is bright - but he has absolutely no danger awareness and huge social functioning difficulties (will run up to strangers and hug them, as one example)

For HRM under SMI, part of the tests includes, DC need to suffer from a state of arrested development, or incomplete physical development of the brain and as a result they must have a severe impairment of intelligence and social functioning.

The severe impairment of intelligence element is generally considered to be an IQ of 55 or less. However, there are circumstances where DC can still meet that part of the test and have an IQ above 55. For example, if DC can’t apply their intelligence to the real world.

@BrightYellowTrain well yes this is exactly my son. He is diagnosed autistic and adhd, mainstream can’t meet need due to safety concerns of him running and climbing and generally hugely disregulated so a specialist school place is being sought, he as mentioned has no awareness of risk or danger.
but he can count ❤️
Does this sound like a strong case? I’m so nervous and don’t know what to expect.

If you have evidence of every point on the flowchart, you have a strong case.

@BrightYellowTrain so would a tribunal consider several multiagency reports citing absolutely no danger awareness and need for constant 1:1 supervision as being enough proof of severely impaired intelligence?

@BrightYellowTrain that is the one point I’m worried about, as every other point has been accepted