going to tribunal, should i be worried that

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DD1s consultant has only writeen in the box

"autistic Spectrum disorder,and anxieties and phobias. required supervision above and beyound that of an average 7 year old"

and that is all?

We have been up against DLA for nearly a whole year now, and dont want to lose at the last mintue.
Anything else i can do??
We have a date in april.

Dont have SNHV as she's 7 and no SS involvement. I have been wondering for a while if someone might offer a CAF given everything that happens in our house and to be honest Im shocked no one is in touch but guess im not beating the kids or DH enough

We have SALT report and 2 CDAC reports, school reporet and report from CM too, so fingers crossed

any advice welcome im so worried they will say no, Im struggling to keep ontop of it all and manage DD1's behaviour and working

What level are you going to the Appeal for?

I think what the Paed has written albeit brief is absolutely OK.

The test that you have to meet is that your ds requires more help than a similar child without their disabilities would require and he's quite clearly stated that by writing

"....required supervision above and beyond that of an average 7 year old"

we are going for mid rate care thats it.
what are they likely to ask me?

You just need to get evidence to support the idea that she needs extra supervision throughout the day and the consultant report backs that enough, I would have thought. Tribunal I had was fine, don't worry! They were really nice to me and it was very quick. They were clearly a bit that the DWP had ignored creatively interpreted the mounds of evidence that I'd sent already.

They are likely to ask you to just expand on the areas that need extra supervision. Also, look at the DWP bundle and it should say why they are challenging your claim - that's what the questions will focus on.

well they are challenging it because she does well educationally

Laerning (i.e. education) is not a 'bodily function' - help for which is the basis of qualifying for DLA.

It's fact that if you wrote on a DLA application:

I need to teach DD to cross the road - no DLA

I need to encourage / supervise DD when she crosses the road = DLA award.

Barking but true

How odd, Lisa. The learning aspect came into J's Tribunal, but only because I was requesting HRM, and part of the mobility thing is about having impaired intelligence. Think they have their wires crossed - shouldn't come into it for MRC.

Its very odd, having read though it allthey agree she needs extra supervisioj and care but still havent awarded.
Bad days we are stood in the street with DD1 screaming at me that I have walked the wrong way home, that i have ruined her day and refusing to walk. She ownt eat unless its a certain type of food, she panics over everything for the day and wakes crying with sore legs.

Lisa are you keeping a diary of each day to send them? I hear that can be a very useful tactic.

At M / rate you should be OK; i've heard of someone locally being denied HR recently though becuase they didn't qualify for mobility (absolutely they do care though)- that was at tribunal however she does get denied quite a bit so I do wonder if her letter writing skills belie her intelligence IYSWIM?

Is your website up and running Lisa? Its just I know soemone with a dd with ASD who is incredibly knowledgeable (has been in the system 14 years after all) and who has all the sentences etc- she's doing the MA with me and I did think she might be a good one to give the web addy to?

we were keeping a diary, happy to pout that in too. Only going for Mid rate care, not consdiering mobility tbh.

yes site is runnning but no one is really chatting but still hoping its www.spectrumgirls.com

i help run a support grp for dc with ADHD/ASD andother related conditions. Over the last few yrs, we have seen an increase in the amount of, especially, 1st time DLA applications refused on the grounds that the dc is academically able. It seems to be the latest get out clause.
Its good you have plenty of reports to support your application.When you go to tribunal, keep pointing out, that though your dd may be able to read etc. she has great difficulty in socialising, understanding social cues etc. that her peers her age do not.
What does the school report say? Does it say that she requires additional support in the classroom/playground? If not, make sure you point out any extra help she gets.
If you have a good relationship with your dds consultant, you could ring/write to him, and explain you are going to tribunal and would he mind expanding on his report,particularly with regard to her learning and say what her anxieties and phobias are. Most profess. wont mind doing this, as they get asked to help with DLA often.
Why are you only going for middle rate care? If your dd is also a poor sleeper on top of her other difficulties, she is entitled to High Rate Care. Good Luck!

she wasnt a poor sleeper when we applied but things have gone down hill a lot in last few months, my diary does say about the 5am wake ups so will see, but tbh i think middle rate is fair enough, shes ok most nights but just very early morning.

lisa is the rest of the household asleep when you are dealing with her and does she sometimes get back to sleep after you have soothed her in the early mornings?

It only takes 20 minutes minimum to count for HRC including time spent getting yourself back to bed / sleep. I only read this a little while ago and was sort of confirmed when the paed specifically said, "J is awake for at least 20 minutes" in her report.

strange, as I was told that DD1 could lose her HRC this time by money advice unit even though I am up and down with her most evenings and she wakes at 5am.. the lady said she would lose either HRM or HRC, I am so scared that they will drop her rates now. She has CP, ADHD and learning disabilities.

Just had another look at the Cerebra guide and the big section about help the child needs when they are in bed states that a small amount may entitle them to middle rate. Perhaps that's where they are getting their information from, SGK.

However, throughout the form on most pages there is a box for day and night. Night in this case is when the adults in the household are normally in bed, usually 11-7.

My DS needs help during the night because his sleep patterns are basically that of a newborn so significantly different from most toddlers.

As well as settling him back down during the night with milk and sometimes medication, he has nosebleeds, he pulls at his nightclothes so may need nightwear and bedclothes changing as he is wet or soiled, sometimes a quick bath, comfort from pain or distress if his stomach is hurting, so I was able to put something in three or four of those boxes.

He has never slept through the night in nearly three years so maybe more clear-cut, but just an example of how every little thing can be written down. I think that as long as attention is needed between 11-7 for at least 20 minutes it should be OK.

WRT to night weakings the key is 11pm: wakings before then fo not count for HRC (they do MRC), as that is classed as household shutdown time. You also need to identify the behaviours that would be there without dla funded help- for example, if DH takes an evening off and sits with ds1 all night in his room (DH is self employed so a cost of £££ which is soemthing DLA balances IYSWIM) then ds1 can settle; if he doesn't do that (and its rare he can) then ds1 is up and chasing the others all night, in and out of rooms and beds, and crusially throwing loud aggressive tantrums with self ahrm if refused access to a sibling's bed.

We could write 'DS1 can be settled at 10.30' but it would compeltely miss the entire point of his needs, as without DLA input he can't be.

she does wake between 11-midnight and use the toliet, we have to be aware she is awake as she is unsteady. If she wakes at 2am she can be awake for 2 hours, and disturbing the others

lady from money advice said should be good for mid rate care and maybe low rate mobility too, so fingers crossed for the 8th