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DLA for AHD/Autim

9 replies

nicky693 · 27/11/2009 13:07

Hi,
I have just won a year long battle to get the high rate mobility for my son. Went to an appeal on Wednesday and won the case. Was pleased to win a year long battle and was awarded 5 years high rate mobility and care. I came away really pleased.

However i got the confirmation of the appeal verdict in the post today and then phoned the DLA to find out what happens next and to find out when i would receive the money. They said they have 2 weeks to appeal against the decission that the tribunal made!! He did say that this was very rare, but am worrying as i thought this had finally come to an end. What are the chances of them appealing against the tribunal decission?? Especially seeing as it was a Unanamous decission.

This just seems to be going on and on.

OP posts:
trace2 · 27/11/2009 18:14

sorry no idea! hope you get it sorted soon?

PipinJo · 27/11/2009 18:31

This reply has been deleted

Message withdrawn at poster's request.

misscutandstick · 27/11/2009 18:54

good luck!

daisy5678 · 27/11/2009 19:06

Oh, I was told this too...they didn't appeal, and in fact apologised and paid compensation (exactly the same Tribunal type too - HRM).

Well done!

Peachy · 27/11/2009 19:18

Well done for taking to appeal; this might be something we havetodo as ds3 (asd) has developed adhd and become so unmanageable as to even make lone-adult school pick ups horrendous.

It takes a certain amount of balls to go to tribunal, and I admiore you for that.

It does just sound like a procedural thing. I know many people with ASD are taking claims to this level atm to try and get rid of this hideous supposition that ASD is exempt from HR Mobility.

magso · 27/11/2009 19:57

Yes well done!
I considered appealing but decided (as my health is poor)to duck it! (Ds has an IQ below the magic number and ADHD and ASD so we should have got HRmob too really but I had no energy left by then!

nicky693 · 27/11/2009 20:18

thank you so much for all your replies, yes the tribunal was terrible, the worst thing i have ever gone through. They had me in tears at the end. They fire questions at you before you have finished answering the last one and get you so confused. They are really rude as well, apart from the doctor who tried to calm me down when i finally broke after nearly an hour of questioning. In the end I said 'you have him for the day then tell me how you feel'. It was definately worth it but was shaking and found it hard to drive home after due to how upset i had got. The problem is at the moment ADHD and Autism is not recognised by the DLA as a physical disability which is terrible. Unless you go in under the severe mental impairment Act.

Hopefully they wont appeal against the decission, otherwise what would be the point of the appeal. Have been told they have to have that option in place for people who are known by the system for benefit fraud, which then makes it harder for genuine people like us who are screaming out for help
Once again thanks for your replies xx

OP posts:
Peachy · 29/11/2009 19:09

They're so random aren't they- I know someone who managed to get it under the physical bit by arguing that the asd (qyuite marked but no adhd) was caused by genetic and brain damage of a physical nature.

nicky693 · 29/11/2009 21:28

I know, theres no consistancy there. I managed to get it by saying Autism is an 'organic Brain dysfuncton' under the mental impairment act and therefore causes a physical disability.

The Autistic society sent me some really useful paperwork, giving some pointers of what to write. They were really helpful.

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