DWP Mobility for my Autistic son

[nicky693]

Please could someone help me. I have been appealing for high rate mobility since Dec 08. I currently get low rate mobility and high rate care.

I now have to go to an appeal tribunal. My son has Autism and ADHD to which he is on Ritalin.

My sons doctors are writing letters to take to the tribunal as they are convinced i am intitled to high rate mob as daily my sons life is in danger near roads etc. Please can i have some advise for the tribunal as i get tongue tied and to be honest all i can say has already been put on the many forms. Will the doctors letters be enough? The doctors are cross as they were not approached by the DWP but my sons school was, which doesnt make sense as in school he is in a confined space and not near roads. When on school trips he has 1 on 1.

Please can anyone advise me on what to say and can someone let me know if they were given the high rate after the tribunal.

Sorry this is a long one but the nearly a year long battle is frustrating now. Urrrrrrrr

Lougle is right. Focus on the ASD and how that results in meeting the conditions that Lougle posted before (have added to and changed it slightly):

1. The claimant is entitled to HRC.
2. The claimant has severe mental impairment.
3. The claimant has severe impairment of intelligence and social functioning
4. The claimant has severe behavioural problems which require restraint to prevent harm or injury to self or others on a regular basis.

If the claimant cannot substantiate any one of those tests, the claim will fail as a whole, even if the other 3 conditions are extensively proven.

I won a case for my son (9, autism and ADHD) the year before last and they honestly don't care how difficult they are to manage wrt care needs. You just have to prove how they meet criteria above.

Great help, giveme

The other thing to be stressed is that it is

severe impairment of intelligence and social functioning. Both must be proven, not either or.

very helpful advice thanks so much i am so glad i found this site i really did feel so heart broken with it all .... nikki

Hi just been to see a solicitor who specialises in this and he has took the case on and writing then a letter today to ask them to look at my claim again under "new evidence" he told me i meet a lot of there criteria with the diagnosis in the reports and letters i gave him and he photocopied to send them again with his letter, he also is letting then know we will be going to appeal

just to add to my last post that the solicitor has really put my mind at ease

I have just received th reasons they turned my claim for DLA down they are, 1, my son can dress him self in his own time. 2, my son can self care. 3, he can eat and drink. 4, he has awarness appropriate to his age. When i claimed DLA i explained in the form all these things to them and the report from his care worker explained he cant do any of the above and as for "HE CAN SELF CARE" he is 7 years old with ASD and ADHD what planet do these people come from !