DLA WAITING TIMES THREAD 66

[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.

Has anyone had any joy in getting awarded for their child with severe OCD?

Thanks I will keep u updated.❤️

Starting to see so many awards around my scan date, haven’t had post this week so am expecting a decline letter when we do get a postie round 😔

Usually you will notice a back payment in your bank before the letter arrives

That’s why I think it’s been declined as I haven’t had anything in the bank 😔

Hi just a quick question does the child have to have a positive diagnosis of autism for this part of the test as I think my ds ticks most of them of apart from the positive diagnosis which were still waiting for appointment been waiting over a year and also I'm waiting on tribunal for HRC sent a EP report also his ehcp report of both that states that the mainstream school isn't meeting his needs they recommend he goes to a more specialised school hes salt report states that hes leaning at 5-7yr old and he's 14 in the past 2 years he's not progressed at all really in school even with alot of substantial help and 1-1 support

@Kittenheaven23
Its hard to explain the legislation as under dla formal diagnosis is not necessary but the way the legislation is written for HRM is different and it has set criteria meaning you can only prove it with a diagnosis.
For 1 of the markers for the smi route.. Arrested or incomplete development of the brain must be proven ( autism is now recognised as this) so if your child has a diagnosis of autism you qualify for this marker.. If the child doesn't have a diagnosis for autism there's no way to prove this so the marker isn't qualified for.
One of the markers for VUW ( virtually unable to walk) in route...
A child's disability must be physical but the legislation states.
To count towards virtually unable to walk, a child's disability must be physical. Any limitation in a child's ability to walk must be because of a physical disablement not merely a physical manifestation of the person’s mental condition.
As per “Medical Guidance for DLA Decision Makers” “Autism spectrum disorders (ASD) are neuro-developmental disorders (impairment of the growth and development of the brain or central nervous system)”. DLA case law recognises Autism as a physical disability of the brain.
it was presently accepted that the condition (Autism) had a physical cause, in that it was a disorder of brain development”
So in order to prove the child has a physical condition you would need a diagnosis of asd or Gdd there's no other way to prove it.

If you're at appeal for HRC have you also asked them to look at the mobility side of things or was you going to wait for the outcome for HRC and then do a change of circumstance for HRM?

Sent renewal on Monday this week they received it Tuesday and called Wednesday, asked old address and if we receive any other benefits which I found weird as the benefits one is on the form. Was hoping it meant they were being quick but we still have 15 weeks till award ends so probably not.

@Nirzhara If your childs special educational needs coordinator is supporting you with an appeal do they know your child has no formal diagnosis? I totally understand you taking it to tier 1 for the HRC if you feel your child qualifies good for you for fighting for your child
The HRM side of things i think it would be very helpful to you if you got some proper legal advice on your child's case and the criterias that need to be met.
Are you close to getting your child diagnosed? Do you have any reports from child and adolescent mental health services ( camhs) or neurodevelopmental services stating the child is definitely on the asd spectrum? Or that all the child's symptoms and behaviour and sen and care andd mobility needs stem from asd? Or could you get this information in time for an appeal?
Unfortunately the senco at a school is great as evidence for dla claims but tier 1 would need more than that as the senco is there to coordinate things what have they coordinated and to who?
All my question marks are not for you to answer here but just things for you to think about and consider.. If you can get an appointment with the law Centre or cab they will be able to help you with information and advice on the mobility side of things.. Your senco is great for the care side of things... All the best in your fight for your child 💫💫

Yes I've asked them to look at both but on the MR i didn't have the most recent EP report or the ehcp to say that they want him to go to a specialist school so I was hoping that helped it also states that he has episodes of challenging behaviour throwing tables and chairs hes broken his hand punching walls in school he also think the teachers are lying about what he has said and done in these meltdowns because he doesn't remember them he pulled his hair out to the point he has bald patches sent photos as evidence of this hes also had an accident where a bike fell on his knee and stuck into it he has had hospital treatment for this for a year with plastics team and he has knock knees and hypermobilty around the knees which cause him alot of problems walking sent evidence of this as waiting on surgery to correct this i put in for tribunal 20/12

Forgot to say I'm already getting MRC LRM for him hopefully I will get awarded HRC at least at tribunal

Hi everyone. I posted the DLA form for a new claim for 6 year old DS on 6th March. I haven’t had any notification to say it’s been scanned yet. Is this usually on a letter or text or email? I couldn’t send it recorded delivery, the post office wouldn’t let me because I had used the freepost address so
maybe I should have used a different address:(

@Kittenheaven23 That's great that your appeal is for both as we all know the wait times are diabolical and at least this way you don't have to go back through the dla process before getting to appeal for the mobility.. As your child has other physical disabilities hyper mobility ( if diagnosed) and under plastics ( although as far as i know accidents and treatment are not covered by dla but I could be wrong) the appeal will look at your child's case as a whole and as hearings can take upto a year to even get a date and time you have time for a autism diagnosis..
The only thing we can do as parents is try if it's a no it's a no but if there's a chance that it's a yes and it's going to really help the child then go for it.. You have nothing to lose and if the only outcome is HRC then that's still a win for your child... Any evidence you can get from professionals that mentions autism or points towards it would be very helpful but as I've said diagnosis of a physical condition for VUW and arrested development of the brain for SMI is what's needed under legislation... The dla decision makers are working on behalf of the secretary of state they have very specific guides to follow they are not medically trained in the slightest they follow DM guides and medical handbooks provided to them by the secretary of state and sometimes they get shit wrong.. At appeal you have a judge they are alot more aware of laws and legislation and they also follow case law so anyone who's won an appeal prior to you for similar things they will take that into account...
Have DLA responded as yet? Do you have the bundle of their reasons and decisions ect

@Kittenheaven23 Just a quick over view of my claim I'm a new claim child is 13.
Been referred to neurodevelopmental services for asd and adhd assessments
Been referred to rise under the camhs umberella for mental health
Been referred to EP just had first appointment in school
Been referred to SEMH to work with child
Has anger and behaviour management one a day
Has a allocated sen worker in school
Has an allocated senco and referall and welfare lead in school
Been taken out of mainstream for 5 months to attend a sen academy program that didn't go so well child was suspended for disruptive challenging and violent behaviour
Back in mainstream with a risk assessment and IEP in place
Reduced timetable mornings and lunch only
Child been suspended from mainstream 21 times in 18 months for violence towards pupils and staff and damage to property

Evidence sent of all the above
Child has 24 hour supervision
Child has a risk assessment in place for physical violence towards peers staff himself and property
Child needs physical restraint in all settings
Risk assessment states the child is that much of a risk if he gets physically violent positive handling needs to be in place the child needs redirecting to safe place or if not safe for staff then redirected off school site and parent and police called for child's and others safety and wellbeing
Extremely disruptive and challenging behaviour
Impaired in social functioning towards peers
No school work completed for 18 months can't ever get child to sit still in class setting child paces and if challenged becomes violent
Autistic and adhd strategies in place
Trauma informed practices in place
Impairment in intelligence when disregulated
Inability to regulate
Inability to calm down
Awake all night pretty much as child sleeps when gets home from school for a couple of hours and I literally can not keep him awake
Leaves the house at 4am on occasions so now supervision all night and alarms on downstairs window and doors
Prompting constantly to do anything shower get dressed get up go bed brush teeth dress in something other than shorts act appropriately towards siblings act appropriately towards myself
Child blind in 1 eye ( not registered blind or severely sight impaired as has one good eye 🙄 ridiculous law)
😩😩😩😩😩😩😩

I am trained in benefit legislation i work within HMRC i oversee some of the DWP my ex partner is a dla decision maker to the best of my knowledge my child hits every marker for HRC HRM except no formal diagnosis so what i know is going to happen hopefully is child will be awarded HRC LRM and I'm fine with that that's the law
Once I get a formal diagnosis for the child which could take another year or two I will put on a COC with the diagnosis letter and cross reference smi and vuw for HRM but until the child gets diagnosed there's no point in me doing a MR or appeal I won't win I will just stress myself out more than I already am 🤣😭😂
If I am awarded anything less than HRC LRM I will be doing MR and appeal if need be but not for HRM until I have the piece of paper stating diagnosis I hope that makes sense.
This is just my personal claim and perspective. Hope it makes sense

Sd NC 22/11

What date is your renewal date? I sent my sons back the week before. I was wondering if it goes on weeks or when the reward period is due to end

Award ends 04/07 so currently not expecting to hear back till mid June from what other posts are saying.

My sons reward ends 12/7 so I should hear something the week after you

Yes that's the way I'm looking at it I've done what I can and if they say no they say no ive no medical evidence for asd the only thing I have is a letter from cahms to say he's on the waiting list but it does only say for adhd I have quite a few people in my family that have been diagnosed with both asd and autism some are non verbal autism so it's more than likely that my son does have it but it's a waiting game with cahms you said tribunal look at his his case as a whole so say if I only done coc as mobility and sent all evidence in and didn't do coc for care could they look at it whole and decide he should be on HRC even if you haven't asked for that or vice versa yes I have my bundle back from dwp there refusal was because my son is friendly chatty and polite also is sociable with all pupils and enjoys speaking with adults they've taken these little bits from his salt report which was done in yr 8 over 2yrs ago the recent report is so completey different from when he first started school when he was masking it also states i haven't any up to date collaborative medical evidence to indicate that my son experiences difficulties during the night which is when his anxieties are at the peak as that's when he pulls his hair out wanders around the house will me out of house and home as he's never full up he can eat his tea and then an hour later ask me what's for tea as he's forgets he's eaten loves running water and fires hence why he's need watching over I have my 9 yr old son in his bed in my bedroom as he can't share a bedroom with him he would keep him awake all night

Thank you soo much for your advice.

Yes i am getting close to his diagonosis.i am gusseing April maybe.becouse my other son also getting diagonosd in this month.hopefully.and advice you gave me i dont know how i am gonna get it.

Omg @PositivityRipples everything you have said is exactly like my son apart from the being blind in one eye everything else the same as my son is only in mainstream for 2hrs at the least it's not a safe environment for him or his teacher's or peers when he's having a meltdown he's locked teachers in and out of the classrooms everything everyday is a battle I dread it as soon as I've dropped him of in school I can't plan anything go anywhere as it's a waiting game how long is he gonna last dreading the phone calls what he's done who he's hit 😢 so there not much more I can do then really it's just the diagnosis I really need isn't it and hopefully the HRC at tribunal I'll be happy with that as he does need Alot more care and supervision than a child of same age thank you for explaining it that way it really helped me understand thank you

@Kittenheaven23 oh no I'm sorry to hear they've pulled out the positives and used that which is what they do 😩 the sociable with all pupils would cancel out the marker for impaired social functioning and the camhs letter stating only adhd they would take that as no evidence for asd being investigated... Its so hard to know what to send but I'm guessing you sent the salt reports from year 8 containing that info..
I have reports with some positives on them I've chose not to send them everything I've sent is just negatives and looks really really bad 😩 but I know how the DM guides work so it was either send less that was solid and I'll stand backed up what I've done said or send more just to send more and it didn't quite back up what I've sent.. I've sent 6 pages of documents a risk assessment and IEP that contained everything I've mentioned in my last comment and the rest is my own personal perspective evidence.. I have a report that goes into more details about the child's struggles and need and care and supervision but it mentions he loves PE so I didn't send it as I know they will look at that as a positive and a way to not award LRM he loves PE cause he's outside and he needs constant movement it's part of his ADHD it's how he tries to self regulate how he's feeling but they won't see it that way because they are medically trained the DMs don't even know what adhd is let alone autism.. They are just following a guide..

If you do a COC yes they look at the claim as a whole both sides to see how the COC affects care and mobility but now you're at appeal doing It COC could bee detrimental as if the appeal award HRC and then the dla look at the COC they could then lower the award based on new evidence not presented at appeal if that makes sense but if the evidence was strong like a diagnosis then the other award should stay secure.

You're already at appeal now so the best thing to do is present all your evidence to them.
I have no medical evidence of sleep issues so I went to the gp explained the sleep issues and that's now noted with the doctor but the doctor wants to wait to see what neurodevelopmental services and camhs say which could take a year or two but if I need to do a MR at least I can ask the doctor to print off my child's medical notes stating sleep issues I haven't done it yet cause I'll just see what the outcome of my claim is... I've gave examples of night care and supervision needs and I feel that's backed up with the severity of the day needs and supervision and risks outlined on the risk assessment.
I hated doing the forms and getting the evidence my child seems like a raving lunatic and I know that's not the case he has a disability and it is he has needs that are currently unmet and I'm trying and pushing with schools and agencies to get his needs met but that's a battle within itself and in the meantime school are calling every couple of days and suspending the child or sending the child home or reducing the timetable to 3 lessons in the morning how am I supposed to continue working full time 🤔 child was suspended for 13 days they locked down the whole school because of how disruptive and violent he was being all he was asking for is for them to let him leave the office they had him in he wanted out they wouldn't let him out they were bombarding him with questions he stood up and they blocked the door he started pacing they told him to sit down every single red flag was there that he was about to completely disregulate and he did he started pushing staff and hitted them and trying to get away police were called he was suspended for 13 days I had to take 13 days off work I pushed them for a risk assessment I had to threaten them with disability discrimination and taking it to sendist now they have a risk assessment in place and they know what to do to help him and what strategies to put in place and to allow him to leave and redirect outside to a safe space so he can pace and they can help him regulate with movement even that took 4 months for them to action i had like 5 departments involved in the end... I dont think dla or camhs or neuro or anyone else understands the stress their lack of services and wait lists puts onto parents for the most basic of things for our children... How can they make a child wait a year or two for a diagnosis when during that wait things spiral and children's needs are completely unmet.. Mainstream don't have the resources and they also lack knowledge..
I've seen mainstream schools completely struggling to meet a child's needs and some children even not attending at all and they write positive letters to dla and neuro and it's like what are you even on about 🤔 pretty much the reports you've got and dla have clinged onto a few positive sentences instead of looking at the bigger picture 😩
Fingers crossed for your appeal if you feel your child is entitled to HRC then keep being your child's voice 💫

@Nirzhara if you speak to the law centre of cab they will be able to help you they run free advice services Google them for your area or ask the senco at the school if they know of any of these services local to you.. It all sounds very scary and stressful and daunting but they are their to help so use their help 💫

Omg it sounds like you have been through alot with your son aswell yes went to mthrive and they emailed the school with the red flags before he gets dysregulated but like you say there not trained to deal with that he has been suspended more than 15 times since november yes it was the salt report that stated that what I sent of but like you say they took the 3 positives from the full report he may have told her he's friends with everyone but that's far from the truth 😂 he could have told her he's a millionaire would she have believed that when it's states in all his other reports that he needs he needs help to gain positive relationships with his peers he doesn't no the difference when there basically trying to take the piss out of him because he's vulnerable and doesn’t understand the difference between positive and negative friendships but that's enough of my rambling thank you so much for your help hopefully you will get a decision soon fingers crossed for you x

@Kittenheaven23 Exactly that.. My child's senco filled in the someone who knows the child one of her sentences was " struggles to maintain positive friendships at risk of grooming and antisocial behaviour" but I have another report from the academy the child attended saying made friends easily I didn't send that as the child was suspended due to making friends with another child there who had autism and adhd and violence and my child and the other child bounced off each other in a negative way and kind of joined forces in negative behaviour my child diddnt make friends with anyone positive so yes the child made a friend easily but that resulted in violent and disruptive behaviour and both children were suspended... I know the bigger picture but if dla had that report saying made friends easily they don't know the bigger picture it would also contradict the senco statement on the someone who knows the child section..
I have over 100 pages of different reports including brain scans for the vision loss in 1 eye I've sent none off it because I don't need to it's my claim it's about my child and it's upto me to send additional evidence to back up what I've said and make the whole picture make sense.
I'm questioning myself on what I've sent and have I sent enough and I've gone through all the other evidence I have here 20 times since sending the claim and though shall I send this and that as late evidence but I've stopped myself I know I'm only questioning myself because I've waited 16 weeks so far 😂🤣 that's 16 weeks are driving myself round the bend questioning my claim and evidence... This process is horrible it makes the strongest parent question themselves and over think and think about it daily..
Like just give me a decision already 😩😩😩😩 I might need to put in a pip claim for mental health if I wait any longer 🤪 jokes 😩💫