Grrrr...DLA Tribunal for high rate mobility

[daisy5678]

Got the paperwork today for J's Tribunal (autism and ADHD). Their reasons for refusing higher mobility are confusing because in one place they say he does not have severe behavioural problems - I have got all the evidence that proves that this is bobbins, so not worried about this.

They accept that he meets the criteria for high rate care and that he has arrested development of the brain.

Then, in another bit of their paperwork, they say that he does have severe behavioural difficulties but does not have learning difficulties. 'Learning difficulties' are not mentioned anywhere in the criteria - impairment of intelligence is though and in another part of the paperwork they say he does not meet this criteria because he is of good academic ability.

I have read somewhere that intelligence itself is not the issue - it's the ability to usefully apply this intelligence. J has the reading age of a child twice his age, but has no comprehension of danger, for example. Megarry case or something. Also, when he has a meltdown, he is incapable of any rational though, which makes intelligence irrelevant in my opinion. Meltdowns can often occur 10 times a day and require 2 members of staff for up to 40 minutes at a time, so the behaviour bit is pretty much evidenced. But yet, he is clever, so that's their excuse

Please can anybody help? I know that I've not been much use on here to others recently due to lots of issues here, but this would really be a weight off my mind if someone could offer advice about how to win this Tribunal.

Issues at home and school with J, I mean, not issues on here!

('Issues' is a stupid word, I have just realised, but never mind!)

cant really offer help but can support you. I have actually applied for high rate mobility too for DS so expect i will be in your position for a few weeks (am now 10 weeks into waiting!)

www.nas.org.uk/nas/jsp/polopoly.jsp?d=528&a=3330 you might have even given me this link but i used it to help fill out the forms, lots in the link about how autism actually qulifies for higher rate.

have copied and pasted!

What is meant by 'severe impairment of intelligence'?
The Court of Appeal held that severe impairment of intelligence should not be defined exclusively by reference to an IQ score (Megarry v Chief Adjudication Officer, 29.10.99).

The case concerned an autistic child's claim for Disability Living Allowance (DLA). He appealed to the Social Security Commissioners on the grounds that he should be entitled to the higher rate mobility component of DLA on the basis of severe mental impairment (SMI).

The judgement does allow the DWP to continue to ask for IQ tests. An IQ score of 55 or less is very likely to pass the test of severe impairment of intelligence. The test of severe impairment of social functioning will then be considered separately.

However, where the IQ score is higher than 55 or there is no IQ test available, the decision maker must consider all the available evidence to decide the level of the claimants useful intelligence. Guidance issued in December 1999 says that the decision maker should decide whether the claimant has the ability to solve abstract tests but is unable to apply that intelligence to real-life situations. After having looked at all the evidence it is possible therefore for a decision maker to decide that a claimant's behaviour is consistent with severe impairment of intelligence despite having an IQ above 55.

(DMG Memo vol 10 1/99)

HI,, I WAS WONDERING HOW YOU GOT ON WITH THE TRIBUNAL ,, I AM GOING TO MY SONS ON THE 16TH OF FEB,AND WOULD LOVE SOME POINTERS

THE REASONS I WAS REFUSED HIGH RATE MOBILITY WERE VERY SIMILAR ,MY SON IS TOO INTELLIGANT, ALTHOUGH THE WHOLE THING RESTED ON ONE QUESTION AT THE VERY BACK OF MY CLAIM FORMS THE DLA WORKER HAD ASKED,,,

"IS A REFUSAL TO WALK A CONSCIOUS DECISION?"

THE MD- WHO HAD NEVER MET MY SON REPLIED
"YES"
SIMPLE AS THAT

THE FACT HE FALLS OVER AND WALKS INTO WALLS AND RUNS INTO TRAFFIC ,CRIES IN PAIN FROM HIS LEGS, STRUGGLES WITH ME ALL THE TIME, THROWS UP ON COMMAND AND SITS DOWN WHENEVER HE FEELS LIKE IT FOR AS LONG AS HE LIKES ARE NOT IMPORTANT APPARANTLY)

MY SON HAS ADHD,AUTISM AND DISPRAXIA,HIS DISSABILATIES MAKE A LOT OF HIS CHOICES FOR HIM
HE DOESNT MAKE ORDINARY EVERYDAY CHOICES,

AT THE MOMENT HE IS IN PLASTER WITH A BROKEN LEG AS HE DECIDED HE COULDNT WALK DOWN OUR STREET WITHOUT HIS DISPRAXIA MAKING HIM FALLDOWN,,,
BUT WHO AM I TO TO SAY IF IT WAS A CONSCIOUS
DECISION OR NOT

www.mumsnet.com/Talk?topicid=special_needs&threadid=608504-stupid-tribunal-aaaaaaaaaaaaaaaaaaaarrrrr rrrrrrrrrrgggggghhhh#12401328

yep, was all fine in the end! Good luck - might be worth getting whichever consultant is in charge of your ds to outline how he meets criteria. My Tribunal panels were both only really bothered by what the consultant said. I think you put it right when you said that sometimes his disabilities make his choices for him and that's what I argued - in the real world, his autism leaves him unable to make sensible choices, so they may be conscious, but they're not based on reality as the rest of us know it and that makes it all very unsafe!

Good luck - let us know how you get on

thanks for that ,,knowing someone else got through it ok is a great help,,im struggling at the mo because the consultant who made his original diagnosis has left the hospital and amasingly lost all her previous patients notes all the hospital have are appointment dates,,,,,,unbelievable,,,,
my current consultant has had " an issue within his own family" according to his receptionist which has put him on permenant leave, in our area he is the only child phycologist!!!
so god help me ,,but you live and learn dont you so i will wait and see it may come good in the end

Hope it does come good in the end Caramac!

Our claim is with the decision maker and sounds pretty much that it could go the same way as DS2's intelligence is good but the asd causes problems in the real world. Already been to a tribunal the first time don't really want to have to go through it again!

Hi all
Im awaiting my Tribunal date for my daughters mobility. We use to get high care & mobility then they changed it to high care & low mobility when it was renewed.

This has been going on since Feb 08 when I sent renewl forms back, I then had to wait until August to get it sorted to find it had been lowered. After many phone calls and letters they refused to change it so Im off to tribunal.
Once it has been sorted I intend to complain as some bright spark made a statement on my daughters records "....child trows a paddy and wont walk"! There is a big difference between a child that throws a paddy and a child that has sensory needs along with autism, learning difficulties & challenging behaviour. We cannt use public transport as she can not handle unexpected nioses people shouting and hates children crying, she has already attacked a number of children and adults. I can not take her out when I am alone as it takes 2 adults to restrain her when she has a melt down.

Givemesleeeeep
I remeber reading about a case where a child had an IQ of more than 55 they appealed on the grounds that she was unable to apply the same level of intelligence to everyday life, it ebded up in court & then sent back to DLA and they was not allowed to use the results of the IQ test in making a decsision.

I'd love to hear how people have got on or how they are fighter their case on this issue.
Good luck all

oh well my tribunal is over and it was refused,,,without uch of an explanation "he is not severally mentally impaired enough to need high rate mobility"
i left feeling drained and as if i had wasted my time, the questions were very unrelated to his mobility, such as
"can he sit and eat a meal with the family?"
"does he have a freind?"
i found the board to be made up of very hard faced people who tried to trip you up and put words into your mouth,
the fact that my appeal letter had not been given to anyone, the only person with a copy was the lady from the dwp didnt see to matter,
it was photocopied and handed out after i complained i didnt have a copy
the paperwork was for the first ten pages all numbered wrong and two pages were missing
reports which were labeled 2008 by dwp were from 2002!!!
and taking all this into account nobody thought there was a problam????
total waste of time!!!!!
and just to top it all off i sat waiting 15 minutes while the dwp lady and one of the board talked personally about a freind whose husband had died recently and how ill she looked,,,,is it legal for the to be personal freinds??
i wouldnt have thought so
i dont know whether i have the energy to appeal for a new tribunal due to mixed up paperwork ect,,,
will i get a new board?
any help would be appreciated
thanks ,,paula

CC, sorry it felt so horrible. Yes, the bizarre thing is that the 'severely mentally impaired'bit is totally unrelated to mobility - it's about how they function.

I think the lack of consultant back up was probably the problem. These people need autism spelling out to them and without a consultant's report to back me up, I wouldn't have won either. It totally rested on her report.

I would wait a bit and try to get any medical professional's back-up and get them to write a letter - I know you can't see a consultant at the mo but any professional is better than none. Sadly it seems our word doesn't really hold as much weight.

Don't take it as a rejection of what you have to cope with (as I did). The criteria is really strict and you suffered from having nobody to back you up.

Might be worth appealing due to crap paperwork and try to get back up reports in the meantime?

yes thats what i was thinking,,i should have applied for an adjournment to wait for reports, with hindsight, but it was already such a long winded procedure, my husband said to just let it go as he doesnt think there will be any change of decision and we dont need the stress. it might have been nice if the board had actually read through my appeal letter though!!
i may wait and reapply next year,, at least i will be wiser,,,lol,,
i think i will see how i feel about it in a week or so when its not so raw before i make any decision,
thanks for reply and advise
paula xxx

I have applied for high rate mobility after ds was finally awarded high rate care after about 9 months of waiting. I don't know how it will turn out but I don't think my DS could get any score on an IQ test as he is non verbal and has very limited understanding unless the tests are adapted for non verbal children.

Staryeyed, your son should absolutely fit criteria then, as long as he has autism dx and challenging behaviour too.

He is only just coming to 4 and I know that age may make a difference. What counts as challenging behaviour?

I think it's any behaviour which causes or could cause harm or damage to himself, others or property.

Does running off count? He also freezes if he doesnt want to go somewhere. He freaks out in certain situations and become very difficult to manage we take a buggy wherever we go unless its a very short journey.

Would have thought so.

Im going to the tribunal in 2 days welfare rights and portage attending, its took 10 months to get this far, my son is susspected autistic his sister is, he has to wear pedo shoes a protective helmet heself harms headbutting biting himself ect,doesnt sleep trouble eating,no sense of danger ect we have phscyologist reports the dla says at the time hewas a normal child which portage argued against, we have to go on what hewas like at 2 years im dreading it