disability living allowance turned down for 5 year old son

[mich7k]

Hi folks hope you are well hope you could give me some advice, after waiting for 13 weeks i was told today over the phone that the decision maker has rejected my claim for dla for my 5 year old son who has asthama(really bad) has various inhalers and steriods), eczema, and has suspected adhd. The man on the telephone advised me to appeal once i get the letter in the post and ask for the decision to be looked at again by another DM? is this the case? My son doesent sleep at night and often wets the bed usually each night and is extremly hyperactive and often gets himself into trouble even running off when in public (he doesent understand the danger) despite getting info from my GP confirming this it was refused, the man on the helpline told me that he even recieved info from the consultant pedatrician today and took through to the decision maker who told him that it makes no difference to her decision.Where do i do from here guys please any help would be appreciatedMich

[tiglet]

Have they informed you about any appeals process?

[mich7k]

Not exactly the guy on the phone just said that if you are unhappy about the decision to appeal and that he would help me but i have to wait until i get the letter.

[Bookworm]

And he is quite right. The statistics for DLA are appalling, the vast majority of cases get turned down, yet the majority of appeals are won, which means that in reality, they shouldn't have been turned down, but hey, the DWP saves where it can. Of course, the more people take the "no" for an answer and don't appeal, the more money is saved.

[tiglet]

I would wait for the letter - and let us know what it says. You do get ignorant people on the phone and you will ahve a certain amount of time to appeal, which should allow people on here/other agencies to advise you.

[tiglet]

Bookie's right.

[PriorityOne]

A lot of cases get rejected 1st time around, so you do need to appeal this. Unfortunately, positive decisions on DLA are based upon little more than how a claim is worded and often people complete claims with an emphasis on how bad a condition is, when the decision-makers look for descriptions of how much help your son needs from another person. Make sure you remember this when appealing the decision.

I went to a DLA tribunal some years ago when the decision to award it for my young daughter (chronic asthma & eczema) was turned down twice (once on appeal). I won at tribunal stage and received backdated payments for the previous 9 months. It was awarded for around 6 years in total, renewable every 2 years... until she got old enough to understand the condition and manage it more herself. I'm happy to say that she's clear these days, by the way.... but we're still both wary of certain triggers.

DLA is one of the most difficult Benefits to get.... but like most things in life, you need to battle on, in order to get recognition for your son's condition and how it affects his life.

[mich7k]

thank you guys i will keep you informed

[tiglet]

Please do. and good luck.

[mich7k]

i've been so stressed out i didnt sleep at all last night! I've had to give up my job a couple of weeks ago as i couldnt mange a full-time job with my kids espcially my boy being ill, i loved my job havent been on benefits for years! Feel like a right srounger as it is then i get a slap in the face from dla, my son really needs a new bed and bedding and i was hoping i could by it for him at least feel like ive let him down thank you for ur help guys,

[tiglet]

You haven't let him down - trust me, the system regarding SEN and other-abled children is very difficult - you are doing what you can and what is right by your son - WORKING THAT SYSTEM AND FIGHTING THAT SYSTEM.

You should go to bed tonight proud - you may have lost the first battle but that does not mean you won't win the war.

It's deflating, it's hard work and it makes you feel helpless and want to give up - you just need to pick yourself up tomorrow and fight on.

You'll get lots of support here - well done you for getting this far without it.

[PriorityOne]

You haven't let him down at all... but I understand how you feel. Life is stressful enough at times without having to deal with all this rubbish... Give yourself a couple of days to absorb what's happened and look at appealing the decision.

You will need to link your argument to a point of law within the DLA literature... such as needing help several ties a day. How ? For how long ? Examples would be... to administer medication so that it's taken correctly (inhalers are usually not taken correctly by children unless its through a spacer device), to help him take lung function tests, help him to recognise when his condition is worsening, applying steroid creams and things like that. It's all based on the type and frequency of help from another person.

Also... re. help with a bodily function. One of my arguments was that breathing is a bodily function. .... stupid bergers !.... and my daughter needed assistance to be able to breathe properly, among other things.

Hope that helps...

[mich7k]

bless u thanks for those encouraging words just worrying about my mortgages and other bills u know?

[mich7k]

thanks for that making me laugh! so so true!

[tiglet]

I know - but some things are more important and you will get them sorted - if you have nay problems with those, let us know and we'll try to help ther too.