DLA renewal rejected

[cooperbug]

We received a letter today to say our daughters’s DLA renewal has been declined as she does not meet the threshold. She is currently receiving it. We have received it for almost 2 years and her needs are the same if not worse which I though I had evidenced well. What happens now? I know I can appeal but is it likely to get us anywhere? She is currently undergoing assessment for ASD and ADHD under cyps.

You can request a mandatory review. They are sometimes successful but not always. If the MR isn’t successful you can appeal and this is more likely to be successful. So, it is well worth doing.

It is about needs rather than diagnosis/suspected diagnosis, so focus on needs rather than DD being awaiting diagnostic assessments.

So what is the process for mandatory consideration? Do I need to complete the form again and how long does the review or appeal take? Just so disappointing and I don’t know what I have done wrong to evidence her needs

You request a mandatory reconsideration from the DWP. It is best to do that in writing. Although you can do it over the phone if you want. Explain why you think DD qualifies. Send any additional evidence you have. You don’t need to complete the DLA form again. Mandatory reconsideration are currently taking over 20 weeks. How long exactly depends on the case. If you have to appeal after that, appeals are taking many, many months.

Would it be backdated if successful? In terms of evidence will this need to be the letter received when she officially gets her autism/adhd diagnosis next month? I included letters from her paediatrician, geneticist and cyps but obviously not enough. She was born with an undiagnosed abnormality too.

If a MR or appeal is successful it will be backdated. You can send any evidence you have to support the MR/appeal. The evidence will need to be based on DD’s needs and the care/supervision she needed at the time of the renewal rather than a future date because it is the needs/care/supervision at the time of the renewal rather than e.g. at the time the appeal is heard.