Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
    Basic Account Holder missal Novitiate

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    Default Autism awarded Low rate mobility and no blue badge

    I have recently received the award notice from the DLA (mobility componant) for my son who has ASD they have awarded him the lower rate on the basis that i have mentioned in the application form that at times he runs away from me. In the same form i said that often he refuses to walk due to a reaction to something he doesn't like.

    I appreciate how this may sound to be contradictory to someone who doesn't know a lot about autism but that's how it is. Some advice from the NAS suggested making a point in the form about autism being an organic brain dysfunction simply because the person who assesses the form and awards the dla may not have a clue about autism.

    Can any one advise if they are in receipt of high rate mobility for a child with autism?

    He already received high rate care componant

    Also we were refused the blue badge so any advice on that also would be helpful.

    If we're not entitled to it then that's fine but i would hate to think we were refused these things as someone simply didn't 'get' what autism could mean to a child/adult suffering.

    Thanks in advance

    Amanda

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  2. #2
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    Default Re: Autism awarded Low rate mobility and no blue badge

    If your son is below a certain age then he can't be awarded higher rate mobility. Call the DWP and ask what basis they awarded lower mobility and what basis someone in your sons position would be awarded higher mobility. To be honest though I think that if your child can physically walk then they'll drag their heels about awarding higher rate which is shocking but that's the DWP for you.


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    Basic Account Holder missal Novitiate

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    Default Re: Autism awarded Low rate mobility and no blue badge

    Hi
    thanks for that my son is now six.
    I understand what they're saying about the walking issue (which is the reason he got low rate) but at the end of the day his disability means that some times he is 'unable' to walk due to ecternal stimulae, i think it's ridiculous that these people can make these kinds of decision when they kow nothing about my son or autism for that matter - i even went to the extent of explaining briefly what autism was in the form!

    Thanks

    Amanda


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    Default Re: Autism awarded Low rate mobility and no blue badge

    can you get your consultant (or other) to write a letter explaining, have a dig around the web also, the last time I looked on the dwp guidance on disability sections they were saying the parent was the last person to ask about the problems!?!

    DWP - Technical guidance - HB5 - Disability Living Allowance (DLA) - The mobility component

    this any use.


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    Default Re: Autism awarded Low rate mobility and no blue badge

    Same here, only got lower rate for mobility for my AS son, and you can only get the Blue Badge if you get higher mobility rate, so you wouldn't get that. Ridiculous that there is no leeway, but there you go.

    I don't know of anyone who has managed to get higher mobility rate on autistic kids, unless they have another problem directly linked to mobility issues. Apparently, stopping in the middle of the street to stare at leaves for 15 mns, or meltdowns, running away etc... doesn't count for anything...


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    Basic Account Holder *juniper* Novitiate

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    Default Re: Autism awarded Low rate mobility and no blue badge

    on the basis that i have mentioned in the application form that at times he runs away from me. In the same form i said that often he refuses to walk due to a reaction to something he doesn't like.
    Yes it does sound contradictory to someone who has zero understanding of ASD and the unpredictability of the disorder but itís factual, depending on the sensory assault or the surroundings they find themselves in at any given moment.

    I am passionate about getting what is right for people with autism and more help with mobility is paramount.

    I would advise that you appeal mentioning the featuring sensory assault that a sufferer has to endure on a daily basis which leads to very unpredictable behaviour/actions and give the reasons why mobility is important.
    Here is part of a short article I wrote some time ago, hopefully youíll be able to put your own connotations on some of it that is relevant to you.


    Autism ~ the misery of sensory assault.

    Our senses play an important role in our day to day lives sights, smells, touch and sounds can evoke pleasurable memories.
    Of course we take our senses for granted, they are just there, a part of us and we seldom think of them.

    The sound of a lawn mower and the smell of freshly cut grass possibly evokes last years memories of Spring, you feel a tingle of excitement that Summer isnít too far away.
    Imagine if you can, you were unable to correctly process the information brought in by your senses?

    Youíre Autistic and your thoughts couldnít be further away from warm sunny days and you are in no means excited about anything, you are feeling physical pain because your senses failed you.
    All because you are unable to filter out the sound and you just want to run away from it but you canít.

    That is just one example of something that makes a noise, put everything together, stereoís, hedge trimmers, cars, horns, barking dogs, lots of children, exhausts, clapping, screaming, supermarket announcements, crowds mechanical/interactive toys and all the sounds in our daily lives that we find perfectly acceptable is a war zone for people with autism who are often hyper sensitive.
    Sadly there is no asylum and with very little awareness of this condition the misery is intense and extremely painful.


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    Default Re: Autism awarded Low rate mobility and no blue badge

    However, a word of caution. An appeal looks at the *whole* of the claim, and could result in the care element being reduced, so you need to think about that too before deciding to go ahead.


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    Basic Account Holder topCatDC Novitiate

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    Default Re: Autism awarded Low rate mobility and no blue badge

    Hi Missal
    you should be able to get a blue badge via your doctor i have Ankolosing Spondolitus i get mobility side of DLA but not DLA for care ( i Have been turned down 8 times since 2000 ) my doctor arranged a letter to hand in with my application for a blue badge.I also got him to register me disabled with the social services etc( seems a bit silly considering i had to use 2 crutches just to walk 10 feet into the local council office to get an application) any way good luck hope this is a help
    regards
    tc

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    Default Re: Autism awarded Low rate mobility and no blue badge

    Sorry, topCatDC, but that's not quite correct. You would have got your BB because of the physical aspect of your disability, eg the difficulty in walking.

    The BB parameters are government set (as recently seen with the new changes for under 2 yo), and they are as follows:

    You are automatically eligible to apply for a badge if you are over two years old and either:
    • receive the Higher Rate of the Mobility Component of the Disability Living Allowance
    • are registered blind
    • receive a War Pensioner's Mobility Supplement
    You may also be eligible for a badge if you are over two years old and either:
    • have a permanent and sustainable disability which means you cannot walk, or which makes walking very difficult
    • drive a motor vehicle regularly, have a severe disability in both arms, and are unable to operate all or some types of parking meter (or would find it very difficult to operate them)
    If you are a parent of a child who is less than two years old, you may apply for a badge for your child if they have a specific medical condition which means that they either:
    • must always be accompanied by bulky medical equipment which cannot be carried around without great difficulty
    • need to be kept near a vehicle at all times, so that they can, if necessary, be treated in the vehicle, or quickly driven to a place where they can be treated, such as a hospital.
    Despite the fact that autistic kids often present massive problems in getting them to move once they've gone into themselves, this is not treated as coming under any of the above criteria. It may be that certain councils are more flexible and therefore that OP may be able to get a BB that way, it's certainly worth a shot, but it will very much come down to the council where she lives. In mine (Croydon), it's not even worth trying, rules are rules are rules.


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    Thumbs down Re: Autism awarded Low rate mobility and no blue badge

    The smaller councils can be more flexible, you can check on your own city councils web site, it might say "people in reciept of disabled living allowance higher rate or those who have a long term mobility problem". Even if your council does give these out don't get your hopes up too high as they are decidedly ageist and if they see that your child can walk and run unaided then it is quite likely they will decline as they only have so many permits to give out. I know this is a huge injustice to AS parents (my niece has AS and ADHD) but the councils are more likely to give their blue badges to elderly people with mobility difficulties.


  11. #11
    Basic Account Holder topCatDC Novitiate

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    Default Re: Autism awarded Low rate mobility and no blue badge

    Hi bookworm
    its topcat i got my BB 2 years ago( have had one since 2000) as you say the authority's may have changed the criteria now hope i haven't miss lead any one .regards TC


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    Talking Re: Autism awarded Low rate mobility and no blue badge

    Im not too sure about the blue badge as i believe they base it more on the ability of getting around physically. I have recently apllied for mobility allowance for my 2 year old son (3 in november) and have been awarded high rate mobility, i think the best thing if possible is to try and apply again, you need to think of the problems you face on a worst possible day whilst going out and write a life story to the dwp. When i applied i think i wrote a whole book as then they cannot deny you on any lack of information. I know people who have been turned down numerous times and then attended a tribunal and then had it awarded but as a previous post mentioned they look at everthing and you risk having previous awards revoked. Good luck


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    Basic Account Holder lindsay22 Novitiate

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    Default Re: Autism awarded Low rate mobility and no blue badge

    my boy who has asd is nearly 10 and is very big built, when he has one of his moments while out and about it can take forever to calm him down, or catch him. i put all this in my dla application and got lower rate mobility and middle rate care. it is disgusting that the they are not assesssed individually.


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    Default Re: Autism awarded Low rate mobility and no blue badge

    Not all autistic children have behavioural problems and not all of them have arrested brain development as defined in the judgment here: Decisions of the Commissioner


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    Default Re: Autism awarded Low rate mobility and no blue badge

    yes sorry, i ammended while your post crossed. losing the plot slowly but surely.


  16. #16
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    Default Re: Autism awarded Low rate mobility and no blue badge

    no asthma at all????
    honey x


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    Default Re: Autism awarded Low rate mobility and no blue badge

    i have a very well "rehersed" 11 yr old that is autistic, has adhd, ocd and all the rest of the trimmings, he cant go out of the front door without first being "checked" (its not unsual to have several layers of clothing on, or two left shoes or odd shoes lol" ) he cant bath himself as tries to stay "underwater"he does have chronic lung disease too and chronic asthma so therefore his inabilities if you like make him elidgable
    never the less we love him all the same (when he takes his tablets and doesnt feed them to the hamster )
    honey x


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    Default Re: Autism awarded Low rate mobility and no blue badge

    Quote Originally Posted by davjoh View Post
    I think that these conditions would likely establish entitlement. Now I've explained myself (I should have done this earlier, but anything to try and sneak to bed a little early ) do you still think I might be a bit far of the mark?
    Sadly, yes. Not because your logic is wrong, it's spot on and all of us parents with the same issue would agree with you, but because regardless of the reality of it, DLA higher mobility rate will not get awarded in the above scenario. Unless there is another physical impairment, children on the spectrum invariably only get the lower mobility rate.


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    Default Re: Autism awarded Low rate mobility and no blue badge

    Have added you to my buddy list now, Davjoh, try PMing again. ;-)


  20. #20
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    Default Re: Autism awarded Low rate mobility and no blue badge

    I do agree but we are assuming that there are further problems with the OPs child. If there aren't (and none are mentioned) then going to a tribunal may be counter productive as, like bookworm mentioned earlier, the entire award is looked at and the care component may be reduced - it does happen.



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