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sooooooooo mad stupid dla

34 replies

bubble78 · 24/08/2009 14:09

i am so mad i recently asked dla to look at my 6 year olds sons mobility award again the refused to higher it to high rate whicj i am not arguing but they have lowered the care part to middle rate as they said his needs are no greater than a boy the same age which i think is rubbish i have written a letter explaining his needs would you guys with much better knowlegde have a look and see what you think should i be happy with middle rate or do you think it should be higher

dear sir/Madame

I am dealing with the claim for .

I received the decision on his disability living allowance and I think the decision is wrong.
You have lowered his help with personal care to middle rate from higher rate and I think it should be higher rate here are my reasons why

His personal needs are as follows
? he has no communication skills as he cannot talk and can?t express himself and does not understand much at all of what is said to him.

? He needs to be fed his meals as he can not do it him self
? He needs dressing as he cant do it himself
? He needs washing as he cant do it himself
? He needs his nappy changing several times a day as he not toilet trained and may never be
? He often rips his nappy off ( under his clothes as he doesn?t understand he has to keep it on) therefore he wets his clothes or soils them and needs changing this happens nearly every day
? He often will mess with his hands down his nappies after he has soiled it and wipe it all over his clothes and anything he touches meaning he needs washing and changing
? He will put anything in his mouth and lick shoes etc so he has to be watched he isn?t doing that even playing in the back yard he has to be watched that he isn?t eating leaves and flowers etc
? His needs are like that of a 12month old my 2 year old daughter needs less help with her personal care than he does

His night time needs are

? He does not go to bed until 10.30 pm every night
? Even when he goes to bed he isn?t quiet he is running and shouting around his room ( he does not understand to be quiet because its night time) and he often wakes his little sister
? He does not go to sleep till between 12-1 most nights, in the time between he has gone to bed and gone to sleep he will have taken his nappy off numerous times and usually have wet his clothes and bedding which then needs to be changed
? He often will mess with his hands down his nappies after he has soiled it and wipe it all over his clothes and anything he touches meaning he needs washing and changing
? We have to keep going in till he goes to sleep to check and change his nappy and put him back into bed as he pulls his bedding off and can not get it back on the bed or he is sat on his window sill and we have to put him get into bed
? once he is asleep we have to change his nappy again so that he doesn?t get wet as he a lot older he drinks a lot more therefore wets a lot more
? he is often wakes in the early hours running around his room etc so we have to get up again and change his nappy and stay awake until he goes back to sleep or morning comes whichever is first
? when wakes up in the night even though he has a gate on his bedroom door he is at an age and height that he tries to climb over it and we have to get up again to make sure he stays in his room because if he got up Ryan has no sense of any dangers at all that he may harm himself (turn oven on, run hot taps, turn fire on etc?.)
? He was prescribed MELATONIN from his doctor to help him relax and get to sleep but this didn?t work it helped him get to sleep but then he would be up at 2/3am so we don?t use it any more

Basically he needs help with personal care throughout the day and night. he does not like wearing clothes nappies or anything and it?s a constant battle 24/7 to keep him dressed or at least in a nappy or he would just wee and poo anywhere we have even tried
Cello taping his nappies on but then this causes a hazard because he can get that off and then he eats it...

From my points above I hope you can see that he needs a lot more care both day and night than of a boy his age without the disabilities that he has

I accept your decision at this time not to award high rate for mobility (help with getting around)

I am very distressed by this whole matter I have a lot to cope with him and feel that I should not be having to fight for the higher rate

OP posts:
lou031205 · 13/10/2009 17:07

Good post givememoresleep. I think the other thing that is so important is that they are not allowed to make assumptions, and they are not allowed to see what isn't there. So even if it is clear from what is written that your child is the kind of child who should be getting high rate care, if you haven't given the right evidence of what nights are like, they can't award it. It isn't enough to say 'he/she gets up a lot'. It has to be spelt out in terms of x occasions, y minutes, z nights a week. And the care involved. Not just 'sticks hands down pants', but "I have to do this, then this, then this, then this, and it takes this long'.

parentsofdis · 13/10/2009 17:41

I would always suggest taking advice from the CAB on issues like these.
There is also a very useful guide on our site:

www.parentsofdisabledchildren.co.uk/forumdisplay.php?fid=6

PipinJo · 13/10/2009 19:36

This reply has been deleted

Message withdrawn at poster's request.

daisy5678 · 13/10/2009 19:50

parentsofdis, CAB here wouldn't help - said didn't do DLA. Welfare Rights were vaguely helpful, but Google was the most helpful resource I found!

pushkar · 13/10/2009 19:55

hi I got my middle rate turnewd into higher rate by appealing. I went to contact a family they wrote the letter having looked at my DS reports and we got it within 2 weeks
most people dont appeal if you appeal you should get it, you dont have to be a member of contact-a-family to get their help
find your nearest one or phone the help line
good luck
one of your letters must be your diagnosis or a current letter from camhs or psychiatrist or independent ed. psychologist outlining his needs but generally the current letter will do from your last appt. from the cahms. dept

daisy5678 · 13/10/2009 20:06

Yeah, J's CAMHS consultant psychiatrist was the biggest factor in J getting it. The first Tribunal was even adjourned to wait for her to write an answer to one tiny question - delayed it all by 2 months! But apparently they'd 'hoped' it would say what it said, so they'd obviously wanted to award HR & HR, but just needed her evidence to bakc up the legal side of things.

PipinJo · 13/10/2009 20:19

This reply has been deleted

Message withdrawn at poster's request.

misscutandstick · 15/10/2009 14:52

Many thanks for this thread.

DS4 has just been awarded LRC, which i feel is totally unjust (not enough time to explain reasoning), so I have decided to appeal (only got letter today, but thought they were going to be awkward, with the amount of reports they have requested). Lots of useful advice here, thanks all! XXX

bubble78 · 21/10/2009 12:23

well i have decided to appeal seeing a welfare rights officer friday ( hope thats the right person to see about these things or i going to look very silly ) dont know whether to appeal the high rate mob or just stick to the high rate care hope fully they will advice me ( will they )

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