DLA WAITING TIMES THREAD 65

[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.

I’m glad you got HRC. We’ve had that since my son was 2 and with a 7 year award since renewal, it’s so hard when they’re under 5. everyone involved with us anticipated HRM at renewal but it’s not been the case, we had a 30 week wait for the EHCP which led to me threatening judicial review, then they didn’t name a school just a type 🤦🏼‍♀️ so to tribunal we went! I hope you get a good outcome, the fact they haven’t responded yet speaks volumes xx

@Glitzxx there's hope for us maybe hearing soon 😂

Renewal SD 17/12
Due to end 28/04

Tired of dealing with DLA. I waited April 2023 - December 2023 for NC (no MR) for my youngest.

Feb 2024 - November 2024 for NC and MR for my oldest.

Now I’m back around to renewal for the youngest and it came through 2 weeks after I thought I was going to get a break.

Very grateful for the help and wish I knew about it years ago to avoid so many struggles I’ve had, especially as a single parent. But I’m so done with DLA 😩😂

When I done it recently for my sister I just put a note in the journal asking for the carers element to be applied for her, as her partner was claiming it for their other son. I don’t recall seeing anything about the carers element when you go through on the children’s bit to update about dla, so we did it that way, hope that makes sense! X

Tell me about it 😫😫

You can submit as late evidence call up and state that you are sending it. I am unsure of the time frame maybe 1 week for DM to look at agian.

Sorry this is what dla have said in the mandatory reconsideration notice, in evidence considered, I’m not sure if this is an internal medical thing or if they’ve contacted someone we’re involved with? It’s very vague x

@LB1988x A DBD385 is a coded form the DMs use as an " advice request" from medical services about your claim... This is usually dwp HCP ( healthcare professionals)

@LB1988x incredibly frustrating and unfair. They create a criteria and refuse people who meet it like the criteria doesn't exist.

Before you did MR, what was their statement of reason for why they said you didn't meet smi?

Also, caselaw quoted helps, I've no idea why you've been declined based on those reasons.
It's like they find one kind comment made and use it as revenge - and like you said it's like they need to see our children described as f*King monsters in order to get awarded, but remember criteria doesn't say' x child needs to be a monster' and tribunal will shame them.

I will also be going to tribunal because my son also likes outdoors, we're human we all like fresh air and the outdoors and change of scenery. Kids aren't born to wanna be stuck between 4 walls.

It's really distressing because a few people are waiting to hear and I think we're all going to be facing tribunal x

Ive just rang i was told friday it was in the last pile for a dm to look at it and just been told they only look at claims at 25 weeks what the hell are they playing it like at least tell me the truth now my aniexty is all up again now

I dont think im ever gonna hear back from them this is draining me so much 😫

Ah brilliant so it is internal, Thankyou for this as I put down everyone who’s involved and none of them have been contacted! X

I'm sorry @Glitzxx there is no 'piles' etc it's just rubbish they say on the phone. @PositivityRipples told us all about it on the last thread.

i give up at this point 😂

I don't think we can pay attention to anything they say on the phone unless they are saying a decision has been made 😂

Their original reason was that because he could respond to simple cues (he can’t) he didn’t have complete and utter arrested development of the brain, I sent caselaw that shows a diagnosis of autism does in fact meet this criteria, aswell as GDD. Is ent so much caselaw in my mr too. It upset me that being gentle has been used against him. When he melts down he is a different person and it’s heartbreaking. Being outside is his happy place and even that he needs to be in some form of restraint 💔 it’s utterly heartbreaking. I agree I hope everyone fights back though! These reasons are so unjust. Best of luck with your appeal xx

@LB1988x On the form it has a tick box for one of the following HCPs who have given the advice: registered medical practioner; registered nurse; registered OT; registered physio. There is a page on this form for the DM to ask specific questions. call DLA and ask them for a copy of the Dbd385 it may help you understand how they came to the decision for a decline and also may help if you're taking it to the first tier 🫶

@Glitz @Frankadoodle Yep ive given up calling now (as hard as that is!)

Thankyou so much for this, I’ll give them a call, I’m going to put in an appeal asap x

@LB1988x are there pieces of evidence that describes times when he isn't gentle? Sorry to ask, it's because if he's gentle always then their argument would be no need for restraint for a child that is gentle.
I can imagine you absolutely have though.

Is he in a sen school?

Just keep fighting is all you can do. Please let me know your timescale for tribunal if/when you can x

I hope you hear so keep me in the loop :)

are most people finding out before 20 weeks or is it more closer to the 25 because this waiting in stressfull

Yes there’s honestly lots of evidence, he has a restraint plan at school also. He’s in a specialist, for SPLD, has 2:1, his development age is 0-6 months, he’s almost 6, constant supervision etc. all this was sent and just completely overlooked. It literally says in his EHCP he can’t cope with transitions and new environments and yet in their reasons they’ve said he can. I can’t imagine they’ve read it to be honest I sent a book. I’ll fight it all the way, all we can do isn’t it! I will do thank you for your kindness xx

The restraint plan is new (he’s only been at school a few months due to EHCP appeal) but I did put down the schools details and did honestly think they would call, as I’m sure they call the schools usually, I’ve been on the phone all day and everyone will support us thankfully, it’s just a bloody battle x

@LB1988x its good you've got the support.

I think they should compensate families that get declined, on top of back pay, as a fine for making us go through this unfairly. And fined for not reading and deciding properly like their job role tells them to.

I'll scream it for those at the back - dla/dwp GET OFF on piss themselves laughing declining families who are clearly eligible because they enjoy saying no.

I'd rather wait longer if it meant they read everything properly and highlight the need of the child and award on those needs because if we're applying for a certain rate it's because the evidence tells them how and why we feel we are entitled. Do they honestly think this is fun? No!

Your circumstances are very much the same as mine and so I'll expect a decline.
I also think smi has become very well known since parents are telling each other about it and so they are declining more and more x