dla tribunal

[xxpinkyxx]

hi all
Was just wondering if anyone can give me some help was getiing dla for my son for adhd middle rate care for year and half but when i put his renewal in it was turned down i appealed it and was turned down again that was last year (jan) so in sept he was told he had dylexis so put in again in jan 10 this year and was turned down again so appealed it and again it was turned down so now i am going to tribunal does anyone know anything about these and if so what is it like as i dont know anything about them if anyone can help that would be great
thanks

What were their written reasons for refusing your claim?

it think alot of the reasons was because of his school factual report from his teacher i went to see headmaster for a appeal letter and he wrote me a good letter i also got one from his adhd doctor but they still turned it down

They should have supplied you with Reasons for Decision and this would be your grounds for appeal.

For example ds's claim was refused in the document Reasons for Decision they state his needs were age appropriate. The grounds for my appeal were that his needs are above and beyond other children of his age and i then provided evidence and examples etc.

hi just got letter this morn from them that i requested they are saying that for the mobility componment that he participates in all activities in school games pe where they see him on a daily basics and for care componment they find no evidence that he requires frequent attendition throughout the day with bodily fuctions that is substantially in excess than that of a child of similar age in normal health as he can atennd his own toilet needs dress and eat safeely without help at school. or continual supervision to avoid substantial danger

Mobility - 'if they have walking difficulties outdoors. Many children with autism spectrum disorders will need help and guidance when they are travelling on foot, especially along unfamiliar routes. Their progress may be severely hampered by obsessional behaviour, such as a need to touch car door handles, pick up stones or by an irrational fear of, for example, animals or crowds. They may suddenly become unable to move or they may walk off in the wrong direction or rush into the road.

You could argue that taking part in a familiar structured activity is not the same as walking down a road. Without knowing your ds, i couldnt say why exactly, but you can use some of the above as examples. My ds for example if someone walked past him eating, he would have to run away. A baby crying, he would have to run away. You dont get many people eating or babies crying during PE!

Care - Does your ds need frequent attention with bodily functions or continual supervision to avoid danger? Give them examples.

ok thanks for all ur help do u no wat the tribunal is like wat sort of questions i will be asked and will it help to get more support letters from his head master health vistor gp and his adhd dr ? for to take with me to tribunal

It would definitely help to get more evidence to back up what you are saying ie letters and reports from professionals.

Particularly if you could get Head Master to state how much help and support he needs to be able to participate in all activities in school (even if its just frequent reminders, frequent reassurance to keep him on track)

There is a big difference between being able to do PE in a structured, familiar environment. Than walking down a road, which is not familiar, with cars etc.

Same for care componment, how much help and support he needs for bodily functions, eating etc.

Questions they are likely to ask will be based around what they have stated in their letter.

You will have to prove that your ds is not similar to another child of the same age without a disability. Give examples of how your ds's needs go above and beyond that of a 'normal' child.

I should imagine they will ask you about school and how he manages to do these things he cant do at home, in school ie if he needs constant supervision at home, why doesnt he need constant supervision in school.

Good luck

Does your Ds have a statement in school, if so this can be used as evidence to back up what you are saying.

If not his IEP, which lists the schools concerns and how much help he needs could be used.

right thanks for all your help but wat is his IEP sorry if this is silly question but dont know anything about this stuff thanks again

Individual Education Plan. Sorry i assumed that your ds was receiving extra help in school?

Iam at a tribunal for dla for dd on friday.adopted, she has been abused on all levels.I wrote on the form that I was reluctant to disclaose confidential matters and could someone ring me to discuss,they turned me down flat,and because they have refused so many I have had to wait 10months for the tribunal.there is nothing in the dla form regarding the impact of abuse, but it's consequences are massive to day to day life.anyone got any useful legal arguments that I could put to them?