DLA mobility refused after reconsideration. Should I appeal?

[jjones]

DS2 is 3.6 but the size of a 5 year old and has asd, mld and possible adhd. He is functioning at about 12 months. When he was 3 I applied to get the mobility element of DLA and after 22 weeks was turned down on the reason that they said ds did not have a severe mental imparement, I then asked for a reconsideration which went to a new decition maker last week and it has been refused again.
I am waiting on the letters to tell me why, but now wht should I do?
What is the likelyhood of us getting awarded it at appeal?

Are you trying to get HR or just LR rate?

LR doesn't depend on presence of a severe impairment, so absolutely gofor an appeal,I would be highly surprised if you didn't get it. Put a shout out on here for GIVEMESLEEP,as she has lots of knowledge on this.

we got high rate mobility ds is autistic and 4 now but 3 when we applied. if i can help at all drop me an email jennifer ault @ btinternet. com just take out spaces - am a bit uncertain putting email address on so did it like that ot sure if it make any difference but hey never mind!

jenny

if you have the energy, then appeal.
have you seen an example of a form filled in by someone who did get it?
I was turned down when DS was 3 for mobility, However I have just applied again, and got it at the low rate. maybe they are harder on younger ones, or maybe I wrote the form out differently. because of lack of concentration DS need constant supervision when out and about,,, no knowledge of danger running off, hiding, talking to strangers etc etc.

the system seems really unfair, but I think you really have to labour the child's difficulties, and get any help you can in filling in the form. Is there anyone is a disability support group or in social services, or even CAB who could help you?

Does your DS have a diagnosis? sounds just like my son!!

Thanks for your replies. DS does have diagnosis. Pead only stated on report that he is immature for his age and that he has a low cognative age compared to his actual age, but nursery said about his functioning. The only person that I know of that has the knowledge to help fil in the forms has a waiting list of about 3 months so no good there.
The woman on the phone said he would get low rate, no problem, if he was old enough and tried to tell me that he would only get high rate if he couldn't walk at all, which I know is wrong.
Dh wants to appeal but I wasn't sure. I think we will go for it. Just feels like another kick in the teeth as in the last few week we have been turned down for help with nappies a chair and short breaks. It doesn't help that DS1 also has adhd and the paed has taken him off his medication as he was not growing so we are finding things quite hardat the moment

My DS is only 2.5 and I am already (without diagnosis) considering applying for the mobility thing because he makes so little progress on simple walking journeys.

Short walks such as round the corner to meet DD from school, to the park, to the local shop and certainly to see the ducks where he wants to drown himself, well his actions are atypical for a toddler his age.

He bolts, screams, shrieks, he refuses to hold hands, he throws himself backwards when I won't let him investigate a broken bottle , he does the "dead weight" thing, sits in puddles rather than splashing in them etc

He is becoming far too large for reins with a winter coat on and so is increasingly needing to be in the pushchair whenever we are out.

I look at little toddlers in town all of 12- 18 months lolloping by their parents unsteadily and wonder why my DS would rather sprint towards the nearest escalator going up / down whatever and end up be seriously injured as a result rather than stay with his family

If any of that applies to you, do put it down in detail. Good luck

I would do the appeal. We are going through the appeal process for DS1's DLA claim atm. His has been lost in the system(!) as the Wembley office was closed in October and it has caused chaos. The person I spoke to yesterday told me that Birmingham & Cardiff are struggling to manage the increase in new cases and the appeal reviewers (those that look at it again before it goes to tribinual) are being strongly advised to resolve claims without it needing to go all the way to tribunal.

Would the nursery be prepared to write a report on how they would have to manage your son on a trip out compared to his NT peers? May also be worth contacting some local charities; one near me has reps that will help parents' through the appeal process and will accompany them at tribunals etc.

Good luck.

CAB can helpwith DLA,as can NAS and cerebra.