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Can anyone tell me what this letter from DLA means?

20 replies

nikos · 12/12/2009 22:01

Received a letter today from DLA and can't phone till Monday. We already get middle rate dla for ds who has autism. When he turned five I applied for lower rate mobility. Thought he would get it and used all the right things in form (he is a runner, needs constant supervision). The letter today says that they have reviewed our dla and are not changing it. Does that mean we haven't been awarded mobility or is it just that we are not having the middle rate award removed. And should we appeal - has anyone done this for the mobility component?
Many thanks

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drlovesmincepies · 12/12/2009 22:18

think it means your still getting middle rate ? .

nikos · 12/12/2009 22:22

But does it mean we are not getting the mobility?

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5inthesleighbed · 12/12/2009 22:23

I think it means you're not getting mobility tbh . We got one like that when we (stupidly) applied for higher mobility when ds2 turned 3.

5inthesleighbed · 12/12/2009 22:24

Sorry, don't intend that to look like you're stupid for applying for it, just that I was when thinking we would get the higher mobility.

SparklyGothKat · 12/12/2009 22:28

its hard to get the high rate mobility for children. I get it for DS1 and DD1 as they have cerebral palsy and its a physical disability, but I know people who have to appeal to get it for autism.

5inthesleighbed · 12/12/2009 22:33

Yeah, I doubt I'll get it for him, although bloke who helped with the renewal forms recons most ASD cases should get it. Not getting my hopes up.

Nikos, definitely call them, and if they haven't, appeal.

nikos · 12/12/2009 23:04

I was only hoping for lower rate mobility. We got middle rate dla on the first application so was hoping this would be straightforward.
Anyone know what is involved in an appeal?

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daisy5678 · 13/12/2009 10:27

Appeal. Relatively straightforward and they look at the decision again as part of the process of preparing for the appeal. ASD should definitely fit into LRM criteria and J even got LRM pre-dx. DLA peeps are undertrained muppets. 2 years ago, J had his MRC and LRM removed after I questioned whether it should be higher after renewal . The person who looked at it again said J had no learning difficulties and therefore shouldn't have any more needs than a normal child...this is the child who has a full time Statement for behavioural reasons . I appealed and they looked at it again. They re-instated LRM and MRC. I appealed and they looked at it again. They moved it to HRC and LRM. My advice by then was that J was also entitled to HRC so I appealed; this time, it led to a Tribunal appeal which was relatively pain-free and awarded J HRC and HRM for 5 years. DWP apologised and paid the back-pay and compensation and claimed they would offer their Decision Makers extra training on ASD...doesn't seem to have happened though.

I would always suggest that anyone who meets the criteria for whichever rate for whichever component to appeal and push forward for a Tribunal. The appeal form is short and easy and, ime, the Tribunal people are sensible, listen and actually apply the law...which is more than the DWP DLA peeps do.

sarah293 · 13/12/2009 11:29

This reply has been deleted

Message withdrawn

waitingforgodot · 13/12/2009 12:15

do you have to wait til your child is 5 to be awarded lrm for ASD? I have a runner too but dont get mobility component

nikos · 13/12/2009 14:25

Yep, because they say until then that all children need supervision when out and about.

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5inthesleighbed · 13/12/2009 14:26

Yes, its 5 for LRM. I've just done ds2's renewal, but I'll have to reapply in August as he isn't 5 til then.

waitingforgodot · 13/12/2009 16:30

thanks!

nikos · 14/12/2009 09:34

phoned them at 7.30 this morning before work. We haven't been awarded lower rate mobility because ds doesn't need more supervision than a normal child of 5. (that'll be why he has full time 1-1 at school then). Knew there was no point in arguing with person on the phone so have requested his case be reviewed. So will dig out my form and see where I have to expand on it. Anyone any ideas for things I have to include. I put in that he needs constant supervision when out and about but the lady on the phone says I need to put in what we do to restrain him and what would happen if we didn't.
As if we haven't got enough to do we have to be mind readers for assessors. Getting angry is just wasting energy though.

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drlovesmincepies · 17/12/2009 11:34

do you use harnesses with him when your out and about (think crelling) to stop him running infront of traffic ect? do you use a buggy to transport him at all - for his saftey - again think roads/traffic. would he happily go off with/follow a stranger? - does he wander off on his own? .
would he be distructive/violent to others or himself if not restrained?
theses are al points to think about when you fill in the forms.
HOPE YOU WIN THE APPEAL

chegirlwithbellson · 17/12/2009 22:51

This is mad.

I received lower rate care for DS. I had orignally applied due to his severe eczema. I was pleased to get the care rate as it really helped with extra washing costs etc.

When renewal time came up I reapplied and didnt think we would get anything. I took us 5 years to get DLA for OH and he has MS.

Letter came back saying we had lower rate care and lower rate mobility!

I had filled in all the form and put in about DS's LD although he had no diagnosis at the time. I didnt push anything just filled in without thinking much about it.

And they awarded it for 5 years.

Now DS does need more supervision than a child of his age but not as much as I would imagine a child with autism does.

It doesnt make sense. It seems very unfair.

DD only got awarded mid rate of care when she had leukemia and needed 24 hour care.
OH has only just been awarded mid rate of care (which is fine) years and years after dx.

Dont get me wrong, I am thankful for any help we get but it just seems such a lottery.

meerkatsandkookaburras · 18/12/2009 07:52

we get higher mobility for my ds who is autistic, though he does have whats classed according to them as severe behavioural problems, and we appealed to get that but didnt have to go to tribunal as it was sorted before that

nikos · 29/01/2010 13:00

Hi all. I asked them to look at ds mobility again and sent in a report from school which showed he needed constant supervision. Found out today that we have been awarded lower rate mobility (already had middle rate dla) and that as they had looked at his whole claim we will not be reviewed again until 2020!!! Really chuffed and they are backdating it to his fifth birthday (Sept).
Just want to add this to encourage others who get stalled at the first hurdle. It is worth asking for a review.

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Mitchell81 · 29/01/2010 13:33

Thats great. Well done for appealing their decision.

nikos · 29/01/2010 18:42

Bumping for the evening lot. Hope those who gave me great advice can see.

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