disability living allowance turned down for 5 year old son

[mich7k]

yeah thats fine appreciate you taking a look

[PriorityOne]

Hiya Mich.... try this instead. Never ever say that a condition is well-controlled !!

Dear Sir/Madam

Your Ref - Son's Ref No. & Name

I refer to your previous correspondence; informing me of the decision not to award Disability Living Allowance to my son. I am therefore writing to request a Review of that decision by a different Decision-Maker. I do not feel that enough information was included in the original claim and have since realised that more evidence should have been included to support the claim.

As was stated in the claim pack, Xxxxx needs help with personal care for 4-5 hours during the day and for around 5 hours each night after we have both gone to bed and at various points throughout the night. This is daily, for seven days per week.

Xxxxx has to be given his inhalers on a regular basis, otherwise his condition deteriorates and he cannot breathe. He is not able to administer this medication himself and need to be woken up to take it through a spacer device, which needs to be held by myself. On each of these occasions, Xxxxx then needs to be given a Lung Function Test in order for his lung capacity to be measured. He cannot do this himself and does not understand how to interpret the readings. He therefore needs my help to make sure this gets done properly and for me to interpret the readings, so that his condition is not allowed to deteriorate further.

Xxxxx also needs help to make sure the spacer device is positioned correctly. If it‘s not positioned correctly, then the drug cannot reach his lungs and he is too young to recognise when this has happened. He cannot take this medication directly from an inhaler because it escapes before getting into his lungs. Therefore, he cannot manage his condition alone. He also needs my help to count the number of breaths from the spacer device; to make sure he's taken the correct amount of drug.

Regarding my son’s eczema.... he needs my help to apply creams because they are steroid-based creams and very dangerous when used in excess; causing thinning of the skin. Therefore, he needs my help to apply these creams correctly. He also needs my help and re-assurance during these times when he is extremely distressed because of the pain and discomfort caused by this condition, which makes it worse.

Xxxxx cannot be put into a bath easily like a normal child of his age without these conditions. This is because I have to prepare his bath with different treatments and solutions before he can use the water. Xxxxx is not able to do this for himself, as explained earlier. He is also not able to recognise when a product begins to irritate his skin and needs help to recognise what the irritation is and how to treat it quickly so that it doesn’t worsen.

Xxxxx is still undergoing assessment for ADHD and he is currently undergoing observations in class in order to determine how best to help him. His behaviour makes supporting these other conditions much more difficult because I cannot get Xxxxx to keep still when he needs medication and/or treatment for these and it's also extremely difficult to calm him down and stop him from trying to run off. Xxxxx needs a great deal of support with this and he cannot manage these conditions alone.

Xxxxx regularly defaces walls, doors, household items, and his sibling’s homework and/or anything that may be important to them, as well as emptying cupboards and taking things apart with no explanation. Dr. Dove has now prescribed medication that I have to administer to Xxxxx each evening, 20 minutes prior to him going to bed. He also needs this medication 3 times during the night which I also have to give to him in addition to his inhaler drugs because he‘s unable to do this for himself. The medication takes 20 minutes to take effect each time and I need to supervise Xxxxx for this amount of time afterwards.

I need to buy a new mattress and bedding every 6-9months and have done so for the past three years because Xxxxx wets the bed 1-2 times each night. During that time I have to get Xxxxx washed and clean immediately and re-apply the steroid cream in order to stop his skin from becoming aggravated more than it is already. The bedding also needs to be changed straight away and put into the washing machine because of the dampness and smell. I then have to make sure that Xxxxx settles back into bed and manages to get some sleep before the next morning, otherwise he’s too tired to go to school.

I hope this letter helps to clarify the situation but if you require any further information, then please let me know.

Yours faithfully,

[mich7k]

Bless you Priorityone thank you i really appreciate your help i will let you know it goes
Mich

[PriorityOne]

Morning Mich...

Please don't expect miracles with a Review decision, Mich. You may be lucky and get the decision overturned, but most people have to battle on to the Appeal stage with it.

Use the time to gather as much info. as you can.... and if your son is being assessed by an Ed. Psychologist, try and get something in writing from them (preferably addressed to yourself), to copy and sent to DLA.

Good luck...

[AwakeNow]

Hello Mich7k.

You've had a really tough time and I hope you win your appeal.

I note that you are having problems paying the mortgage and wondered if you have considered getting help with that as being on low income/ benefits you can have the interest on the mortgage and any homeowner loans taken out for repairs and improvements paid for you, which might help relieve some of the money stress.

Income support mortgage interest

(Content applies to England)

If you are having problems paying your mortgage, you may be able to get income support mortgage interest (ISMI) to help pay the interest. ISMI can also pay for the interest on loans you have taken out for repairs or improvements

How to Claim

Income support mortgage interest is paid by the Benefits Agency. If you want to apply, you will have to fill in a form (MI 12), giving details about your situation. You will have to provide proof of your income, details of your financial situation and any related paperwork. Your lender will have to complete some of the forms confirming how much interest you pay. If you need help applying, contact your local advice centre.

Here is a site that has useful info about this and others:
http://england.shelter.org.uk/advice/advice-4176.cfm

It might be something you could look into.

Best Regards,

AwakeNow

[mich7k]

that Priorityone for your support and im learning that everything happens for a reason and i am prepared to fight for this. The Pediatrician has written to them explaining that she is investigating my boy they recieved it the same day they made their decision the guy who delivered the bad news to me on the phone wasnt too happy an he actullay took the report to the decision maker who i think was a woman but i she said it made no difference to her decision.

As for my mortgage payments Awakewnow thank you for your advice i income support have being in touch said i'm not entitled to any help until 17/12/08! unless my son is awarded dla and i claim carers allowance. So i've just been paying the mortgage company each week out of my is and ctc cause i have some arrears and i dont want it to go to court

[AwakeNow]

As for my mortgage payments Awakewnow thank you for your advice i income support have being in touch said i'm not entitled to any help until 17/12/08! unless my son is awarded dla and i claim carers allowance. So i've just been paying the mortgage company each week out of my is and ctc cause i have some arrears and i dont want it to go to court[/quote]

Yes it seems there is a 39 week waiting period for claims unless of course you are able to get carers allowance or if one of the following applies:

People over 60 are entitled to help immediately, but there are waiting periods for everyone else. If you took out your mortgage after 2 October 1995, payments normally won't start until 39 weeks after you claim. How ever, you may get payments sooner if:

• <LI class=bullet>you got your mortgage before 2 October 1995 <LI class=bullet>you are a carer and the person you look after is eligible for certain benefits <LI class=bullet>you are a single parent whose partner has died or left <LI class=bullet>you are an offender and are waiting for a trial or sentence <LI class=bullet>your have mortgage protection insurance but it won't pay because of a medical condition you already had when you took out the insurance
• your mortgage replaces a previous mortgage on the same property, which was taken out with the same lender on or before 2 October 1995

If you are in one of these situations, you will probably be eligible for no interest at all for the first 8 weeks, half of the interest for the next 18 weeks, and all of the interest after 26 weeks. You will have to pay for any interest that is not covered from any income or savings you may have.

[mich7k]

Yes it a kick in the teeth eh cause i am a carer for my son and i am a single parent of 2 but as i have no partner i havent been abandoned!!
If i was in rented accomadation they would have paid housing benefit straight away i just have to pray that i maintain the monthly payments until then i explained to my oldest one that we a gonna be really streched over the next few months and she was cool with it. I contemplated going back to work but even full-time im still no better off and then its finding someone to take care of my son???? i stuck really

[AwakeNow]

Originally Posted by mich7k

Yes it a kick in the teeth eh cause i am a carer for my son and i am a single parent of 2 but as i have no partner i havent been abandoned!!
If i was in rented accomadation they would have paid housing benefit straight away i just have to pray that i maintain the monthly payments until then i explained to my oldest one that we a gonna be really streched over the next few months and she was cool with it. I contemplated going back to work but even full-time im still no better off and then its finding someone to take care of my son???? i stuck really

It is harsh and doesnt help at all. I appreciate where you're coming from, I didn't get a diagnoses of any illness for my own son until he was 15 and by then I had 3 policemen with 3 doctors trying to certify him to a mental hospital - needless to say I fought very hard to not allow that to happen.

For the first 15 years of his life I was told he was 'very, very bad' which his siblings will attest to and they have mixed feelings over his treatment of them as they grew up, mainly in his shadow. Now I have him and my youngest left in the nest and life doesnt get easier but my son now smiles, is able to communicate in a way everyone can understand and seems to have 'feelings' which was something I never thought would be possible from the past.

It matters how we fight our battles and sometimes we dont get to choose them but it matters more when your child smiles at you and hugs you and says 'I love you' - that's enough reason for me to keep going no matter how hard life keeps getting.

You are strong Mich and this can only make you stronger.

Hugs

maria

[tiglet]

Have you considered contacting some of the asthma charities and asking if there are any funds you can apply to for some financial help?

I would also try the national centre for independent living, the shaw trust,the early years centre (nottingham), the children's legal centre and the family fund trust
. some of these may be able to help you with funding - some may be able to give you advice - some may just point you in the right direction for other sources of help.

It's amazing what's out there that you don't know about.

[mich7k]

Thank you tiglet i will approach them for some help, well a quick update i have written and sent off my review letter, it has been recieved checked today said it could take up to 3months for a decision to come through!! Outrageous! having taking 4 months to turn down my claim for my boy in the first place!

[mich7k]

Hi all! Hope you are well
Thought i'd give you a quick update:
Sent in the review letter got a bog off reply saying that he is not entitled to either if i would like a tribuneral and to reply within 14 days. To be honest i wasnt going to pursue it i am just so stressed out plus i have seven days to pay off my arrears on the mortgage or its court action; anyway i plucked up the courage today to call a solicitor about the mortgage arrears only to be told they no longer do legal aid and to call the legal helpline service, well now they advise you over the phone and asses you for anyother help you may need so i was put through to a welfare benefits officer who gave me some hope and has agreed to represent me at the dla hearing although she cannot attend personally after speaking to her it seems that my boy may qualify for the middle/higher rate care and lower rate mobility! So i thought lets go for it, said his problems are hard to explain on the form. The doctors have assesed him and they dont think he has adhd so he has been refered to see another doctor although i think he may have slight autism

[PriorityOne]

Go for it Mich !! Most people are successful at the tribunal stage. In fact, the turndown rate for DLA applications is ridiculously high.... in order to put people off going through the Appeals procedure.

[mich7k]

Thank you priorityone i will need all of you over the next few weeks!

[tiglet]

We'll be around - if you have help/representation at the tribunal, you are more likely to be successful, so get as much info/help as you can and make sure you are well-prepared.