DLA WAITING TIMES THREAD 64

[zoeybrooks45]

Please feel free to add your scan date and whether it's a new claim/mandatory reconsideration/change of circumstances or renewal.
New claims (NC) - people are being told the wait time has increased to 25 weeks! I would say most are done before this though around the 20 week mark?
Mandatory reconsideration (MC) and Change of circumstances (COC) is around 20-25 weeks.
Renewals tend to be between 15-20 weeks.
If you disagree with the outcome of an MR you can appeal and go to court (tribunal)
Scan date is the date DLA scan your application forms on to their system, if you downloaded your application forms then this will be from when your award will be backdated from. If you called up for forms then the date on those is the date yours will be backdated from.
If successful and claiming universal credit (UC) please update them as this will entitle you to disabled child element adding extra to your award.

Totally up to you if you want to share but no pressure as I'm stranger x
Are you looking to achieve under smi or vuw?
I only ask because a few of us are also hoping for these routes x

I’ve uploaded some but I think they are waiting for approval, I’m actually not to sure what the SMI or VUW stand for? I will Google tonight when my little one is in bed and reply x

This is one example of his part time table, we are awaiting a decision to see if the LA will accept him for a specialist school and he has been on a part time table for over 3 months, has not been in the classroom in nearly 2 years x

It’s draining isn’t it.
I will call again next week. If needed I just want to get on and submit an appeal and get tribunal sorted so I can ensure my son gets what he needs and is entitled too. I have a feeling it will be a decline again but there is no way it should be!

I do worry about how the system works and how it can vary so much depending on which decision maker looks at the claim.

Really hoping that you hear good news soon, keep us posted.

@Lulu444 how old is your son x

@Lulu444 some of the paperwork is unreadable because it's blurry on my device however the only thing I can confidently say is when applying for hrm they use all sorts of positives to your disadvantage, such as the things carter is doing well at, or access to clubs etc they actually use these as a way to say no.
Most hrm awards go to tribunal and more are overturned there xx

Thank you, sorry they are blurry don’t have my glasses on so couldn’t tell lol. 90% of it is showing his more difficult traits. I am thinking though that it will probably go to tribunal, as I know they really don’t like awarded HRM, he is 10 x

Very helpful to know about them using being part of a football team or clubs against him, sadly he has since been kicked off that said team but we have since found a new coach who is amazing and very supportive and inclusive as football is the only time in his life he is more relaxed with less tics x

Hi all may be a silly question but is the scan date when they have received the forms? I have proof of delivery but I haven’t received a text to say that they have received it

Please can we refrain from sharing personal documents as unfortunately sometimes you miss blurring some personal details and once things are on the internet it’s hard to remove. You can always private message if you prefer, but remember no one this thread is making a decision on your claim therefore it will have no real benefit getting others opinions. I understand it’s an uncertain time, but for safeguarding your children I would avoid sharing any confidential information.

With hrm under smi you need a diagnosis as part of the criteria to show arrested development of the brain. ADHD wouldn't meet that 😞

I lucky to have an amazing school who literally document EVERYTHING lol. They have over 700 pages on my son from nursery to year 5 (now) every single incident/behavouir/concern is logged and there is definitely enough to prove SBP 100 times over and lots to prove arrested development of the brain, so I am going to fight till the very end, I’ve not nothing to lose but everything to gain for him ❤️ x

@Lulu444 smi is a really hard criteria, you're more likely to be successful for virtually unable to walk as a result of his behaviour and/or tics.
The smi, I think you need to be non verbal, may or may not be correct but from what I can gather.
Virtually unable to walk I would look at for your son xx

Good idea, I won’t upload anything else just incase! x

Yes that’s a good idea and am definitely going to push that as my main argument for sure but I suppose just to cover him I’m trying to pull all the evidence for times in the day he’s un able to talk, the behavioural aspect I’m not worried about as that is obvious already, but I think regardless they are going to say no and it’ll will have to go to tribunal, I know there are some cases of ADHD that have managed to win at tribunal and the more we all manage to push through opens the door for others down the line 💪🏻 xx

Wow my son is diagnosed with adhd autism tics and also going through speech and language. His school are useless I only have his iep and a referral the school done for speech and language that shows he isn’t where he should be like his peers, also have a letter from the sen from his primary school I’m going to send in as think it will help as he has only been to secondary school for 5 months so hoping this helps. We have now also got a blue badge as he can bolt really quick, I have a letter from his ped, for this have the ados assessment to. I’m worried I don’t have enough x

I’m really sorry to hear that the school are useless : ( sadly I hear this a lot. It’s really sad and feels like a l

I’m really sorry to hear that the school are useless : ( sadly I hear this a lot. It’s really sad and feels like a lot of schools just prefer to off role or completely isolate them which in turns make the behaviours worse as then they act out how they are feeling about themselves internally. It sounds like you’ve got great evidence so far and just make sure anything that happens in secondary going forwards is logged and documented. That’s amazing you’ve got his blue badge! Well done you. I know exactly what you mean about the bolting and not checking roads are safe first ect. I’m still yet to apply for the blue badge as I’m tackling the specialist school situation at the moment and there’s only so many emails or things I can write in a day 😩😂 but going to apply next week x

@Lulu444 unfortunately the dla DMs are just following guides set by the secretary of state under the carltona principle they are just officials acting on their behalf and in the DMG (( decision maker guide) under legislation to be able to get HRM for a child under virtually unable to walk or severely mentally impaired criteria.. You have to be able to show a physical condition causing an arrested development of the brain the only two conditions under neuro recognised by the secretary of state at present are autism and global developmental delay, ADHD is not a condition recognised so the DM has no choice but to decline the application regardless of all the other evidence on behaviour and refusal ect.
You can take the decline to the first tier tribunal and some cases have been been won but usually when ADHD is also interlinked with a genetic condition the last one who won was ADHD and Neurofibromatosis type 1 interlinked causing a physical arrested development of the brain.. Of the 30 cases won over the last 3 years at the upper tribunal none were won on ADHD alone which means you can't even state case law as part of your case..
I'm guessing your child isn't diagnosed TS as I've just read some of your evidence.. What is your child's official diagnosis's is it ADHD with tic symptoms? Or does your child have other diagnosis?
Has autism been investigated for your child as the child is presenting with severe tics?

Thank you that all makes a lot of sense, he is diagnosed with ADHD, Tourette syndrome and OCD (only got formally diagnosed with Tourette’s last month) he has presented with it since age 4 but was a nightmare to get diagnosed as the GP and CAHMS kept referring to paediatrics and it was a specialist neurologist that diagnosed so I kept escalating through our GP but it took many years. His tics can be so severe and complex that he ended up being in A&E last year and they kept him over night for an emergency MRI the next morning as they were presenting as absence seizures and were worried about tumours also (they didn’t manage to complete a full MRI of his brain) as he had to keep statue still which was just impossible with his tics. But luckily they managed to get enough of a scan to see there was no abnormal growths x

Also I forgot to add he doesn’t have autism, he has been investigated and have lots of traits but not enough for a diagnoses which I agree with as when he has good days he can be very social ect but does have a lot of sensory needs, going through stages or having to lick/touch everything, take his socks and shoes off when he’s in school ect x

@Lulu444 @PositivityRipples there is actual case law with successful claim for adhd and high rate mobility

@Lulu444 please keep fighting and appealing, I think you'll get awarded. Age is also taken into consideration and I think you'll have a strong case.

I thought I had seen 1 case before but couldn’t be certain and don’t think I have the mental capacity today to go through Google tonight and re check…it’s been a long day 😭😂