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Hi All,
I'm a first-time poster here so forgive me if I get it wrong! I'll try to condense info.
My daughter is almost 12 and in the past has received higher rate care and mobility for DLA (on ground of SMI&challenging behaviour). However this time they state shes only entitled to lower rate mobility as they do not accept she fits the criteria of SMI&challenging behaviour now, despite letters from neurologist,school etc. They are basing it all on her statement for special educational needs(SSEN) and say that as she has made "progress", her intelligence is not so poor that it is classed as severely impaired. My daughter has severe epilepsy (daily, sometimes up to 40mins in length, despite 3meds and VNS implant) and although she can walk, her abilities & understanding are severely limited due to the unpredictability of her epilepsy, behaviour and severe learning difficulties. We now face Tribunal. Any advise would be appreciated as to how to proceed.
Thank you in advance -J
You need to show the tribunal that your DD can not do all the things a non-disabled child would do without assistance when outdoors. The criteria is either lack of mobility, OR that she would be a danger to others or at risk herself when outside.
So you need to draw a picture where you say: This is what an average child does, this is what my DD does and how she needs assistance, and do it for every activity which your DD can not do the way an average child would. Don't sugarcoat it, don't underplay it (our natural instinct as parents), describe it as bad as it is. Of course, take all corroborating evidence from the doctors etc ready to show them the medical evidence.
Apologies to people who I was in the process of helping, I may be gone some time.
I cannot comment on your individual case but I have had to face a DWP tribunal when I was regarded as "fit" by their doctor owing to my seemingly good health during the 1 hour examination. As a result, I was refused the benefit and had to suffer the lower amount for almost a year before the tribunal was heard.
Of course, I won and was able to claim all the back pay but there is no compensation for the additional problems it causes. I was so distressed and anxious (I felt I was being treated like a fraudster!) that I wouldn't have attended the tribunal if it wasn't for the support of my family. The system stinks IMO.
Fight this to the end, you will win I'm sure but it'll be worth researching the salient points you need to raise and give the right answers to their questions. Hopefully someone will be along shortly to give you the information you're seeking. Good luck!
Oops! Bookworm posted before I'd finished writing my reply. Yes, you need to state the case at it's very worst on all points raised.
Hi
I have just won tribunal for my daughter whos mobility was lowered to LRM. The critira is very strict, dont go to tribunal on your own get help from some one like CAB or you local law center.
Heres a quick break down of the criteria:
Higher rate
61255 The higher rate is payable to people who
1.
are unable or virtually unable to walk because of a physical disability1 (see
DMG 61276 et seq) or
2. are both deaf and blind2 and satisfy the conditions in DMG 61335 - 613373 or
3. are severely mentally impaired4 and
3.1 display severe behavioural problems5 and
3.2 satisfy the conditions for the highest rate care component at DMG
610616 (see DMG 61350 - 61380) or
4. have had both legs amputated either through or above the ankle (see DMG
61330)7 or
5. are for any reason without both legs to the same extent as if they had been
amputated either through or above the ankle8 (see DMG 61330 - 61331)
What they mean by SMI
Severe impairment of intelligence
61366 Medically someone with
severe impairment of intelligence can generally be
described as intellectually three standard deviations below the average IQ of 100. A
standard deviation is 15%, so a person with severe impairment of intelligence will
have an IQ of 55 or less. It is likely that a person with such a low IQ will have
undergone tests to assess their intelligence. However, although the IQ is likely to be
Mobility component - definitions 61367 61370
Vol 10 amendment 16 June 2006
the essential starting point for considering impairment of intelligence, it is not
necessarily decisive.
61367 As well as an IQ of 55 or less, the following points may also indicate that a person
has severe impairment of intelligence and should be considered even when the IQ
is over 551
1.
difficulty with communication - speech may be severely impaired, often only
monosyllabic or grunting noises, reading or writing skills may be absent or
very poor
2.
severe learning difficulties
3.
lack of understanding of everyday living.
People with severe impairment of intelligence are likely to need specialized
schooling, and supervision of all activities. In cases of doubt and where the IQ is
over 55 the DM should refer the case to Medical Services for expert advice
Severely mentally impaired with severe behavioural
problems
61350 To satisfy this test for the higher rate of the mobility component a person must be
entitled to the highest rate of the care component
1, be severely mentally impaired2
(see DMG 61351 - 61370) and have severe behavioural problems
3 (see DMG
The disabilities counting towards severely mentally impaired are defined as
•
incomplete physical development of the brain - where a person's brain
has failed to grow properly and this can be seen and assessed
•
arrested development of the brain - where a person's brain is not
functioning properly but no physical deficiency is apparent.
61353 A person's brain is fully developed when it reaches its maximum weight and size.
This is accepted to be by the late 20's and invariably before the age of 30.
61354 A person cannot satisfy the severely mentally impaired condition unless it can be
established that the cause of the mental impairment (for example accident, disease,
injury) happened before the person's brain was fully developed. Degenerative
diseases such as Alzheimer's Disease that begin after the brain is fully developed
do not satisfy the severely mentally impaired condition. Difficult cases should be
referred to Medical Services for advice.
61355 If a person has arrested development or incomplete physical development of the
brain, the DM must then consider whether this results in severe impairment of
intelligence and social functioning1.
Arrested development or incomplete physical development of
the brain and schizophrenia
61356 The severity of schizophrenic disorders can vary from severe chronic deteriorating
illnesses to a group of psychoses which are shorter in duration, easier to treat and
leave little after effects. Most schizophrenics will not have arrested development or
incomplete physical development of the brain. But for those suffering from the most
severe type of schizophrenia (in about 30% of all cases), there is neurodevelopment
damage which is arrested development of the brain.
61357 Where it can be established that there is arrested development of the brain, the
person still has to show that this results in
severe impairment of intelligence and
social functioning to satisfy the severely mentally impaired test for higher rate
mobility component (see DMG 61366 - 61369). Medical advice is that below
average intelligence or IQ is not a normal feature of schizophrenia. Schizophrenics
may respond or react to others in an unusual or different way but this has no
bearing on their intelligence. Therefore, someone whose only disability is
schizophrenia will not normally be able to satisfy this part of the severely mentally
impaired test1.
1 SS (DLA) Regs, reg 12(5)
61358 In cases involving schizophrenia, the DM should make sure that the person has no
other disability which could satisfy the severely mentally impaired test
1. Difficult
cases should be referred to Medical Services for advice.
1 SS (DLA) Regs, reg 12(5)
Arrested development or incomplete physical development of
the brain and attention deficit hyperactivity disorder
61359 It is not possible with the current state of medical knowledge to attribute the
condition Attention Deficit Hyperactivity Disorder (ADHD) to a state of arrested
development or incomplete physical development of the brain within the meaning of
the regulation.
1 reg 12(5)
61360 In cases involving attention deficit hyperactivity disorder, the DM should make sure
that the person has no other disability which could satisfy the severely mentally
impaired test. Difficult cases should be referred to Medical Services for advice.
61361 - 61365
61376 - 61379). The test is cumulative and if any part of the test is not satisfied a
person cannot satisfy the test.
Alot to take in
You say your daughter has severe learning difficulties does she attend a special needs school or mainstream?
I got a letter off my daughters headmaster explaining my daughters academic functioning, which explained it a bit better than her SEN
For example in English, Maths & Science expected attainment for a child age 11 is L4 For a child aged 14 it is L5,
My daughetr is L1,P8 &P8 so academically at an equivalent level to a 4/5 year old, she is 13.
My daughters disabilities are different to your daughters but the school also gave details and examples of her challenging behaviour which is extreme.
The tribunal its self was fine I was only in there for about 10 mins, the only person that asked any questions was the disabled member of the panel she was a lovely lady who asked about when I take my daughter out.
I cant comment any more as my daughter disabilities are different to your daughters but I hope this helps
Thank you everyone for your replies. I understand that all cases are different and that you cannot comment on mine, but your information and knowing that we're not alone means alot already.
My daughter has cortical dysplasia and polymicrogyria shown on MRI scans(i.e. her brain/optic nerve didn't develop properly whilst I was pregnant) which led to a catastrophic epileptic syndrome, rendering her having severe learning disabilities (she is around level P5/6 at almost 12yrs old and letter from school stated that). She has been at SEN school since aged 5 and requires 1:1 support, Level F statement funding. She has poor social functioning and speech.
A couple of questions:
How do you get an IQ level assessment? And from whom? I'm hoping to get an updated neuropsychological review as they deemed the last one out of date (2005).
And I have a meeting with mencap too.
I too hate being considered a fraudster or making my child to be worse than they are but no-one know how difficult things can be unless they spend some time in our shoes.
And I can't understand how she was classed as meeting the criteria in 2004 and now she doesn't when things haven't really changed - except her getting more difficult to deal with given her increased size/strength.
I hope you dont mind me asking but doe your daughter have severe behavioural problems as this is also a part of the criteria. I know it's a really sensative subect as I know I hated having to admit my daughters behaviour is severe and extreme.
Your not a fraudster your a mother fighting for her childs rights x
Covlass, do you have a link for where you got the information you posted? This is looking very interesting.
I am particularly interested in the 55 IQ part, because if it is correct, then there is scope to kick a** for all people with autism whose IQ is often average and above average but who still can't find their backside with both hands (if you'll forgive the expression), my lovely son being a perfect case in hand, very intelligent, but the common sense of your average dung beetle, lol.
Apologies to people who I was in the process of helping, I may be gone some time.
To covlass
Hi..........
behavioural problems are extremely sensitive issues, yes, but you are right to ask as this is part of the criteria. But how severe and extreme is deemed to be severe?
I think we have grown so used to our daughters behaviour that we see it not as "normal" but "normal for her" if you know what I mean and so don't necessarily see it as being as severe as others may do....
It is certainly very unpredictable; one minute she could be sitting fine and its as though a black mist decends and shes throwing things or hitting someone. She'll pull faces and tries to hit out at people walking by or getting close to her (especially smaller/younger kids)....but she saves her worst outbursts for me...shes's physically attacked me with relentless punches, hairpulling and bites on many occasions, many times whilst I've been driving (with her younger sister crying and screaming at her to stop), to the point where I had bruised cheekbone and scratches all over my face a few weeks ago. Shes puled doorhandles off and some years ago managed to throw a hammer through patio doors. She takes shoes off and throws them, bites and punches herself in anger, has no idea of the consequences of throwing heavy items over garden fences etc. She gets very confused and aggitated instantly and will drop to the floor wherever she is and scream and cry, seemingly over nothing. At 5ft tall and about 8stone she is not easy to move. She is much easier to deal with on a constant 1;1 basis but thats not always possible in family situation which is perhaps why the behaviour is not so challenging at school but she still has her moments of outburst.
It is embarrassing to admit that behaviour can be so extreme; it makes parents feel as though they are at fault.
Thanks for your comments.
No need to be embarrassed, but I know what you mean, my daughter has attacked not only myself but her sister, pupils at school and even worse if thats poosible complete strangers, so I do understand every word you have said.
Here is the link you need http://www.dwp.gov.uk/publications/dwp/dmg/pdf/ch61.pdf
It should give you all the information you need, regarding behaviour it's on page 51
If you need any help please feel free to ask me either via this post or if its something youd rather not post send me a pm
If you need legal help here let me know and I will put you in touch with a brilliant lawyer - legal aid. I found him for a friend of mine who has a severely disabled child and in that case they wanted residential care which was turned down by the LA - who then backed down and suddenly agreed it was necessary and found they could pay for a place after all. I imagine they would be able to advise on DLA too.
I have so much sympathy and admiration for all you terrific mums out there. I know from my brilliant friend how much you all go through.
Thanks Daniella
Sorry for delay in replying.
We may well need legal help so would appreciate any suggestion you have - meeting with menCap tommorrow as well as CaB next week so may glean some more info then.
Thanks
J
hi, l am a single mother of an 8 year old boy who was diagnosed with ADHD at 5 years and at my request was put on medication then as l could not deal any longer with the behaviour and been looked at as the mother with the naughty child.
School was horrible the first two years with been advised to go to parenting classes and told that my son should not be on medication, yet before the medication they were moaning about his behaviour in class. He then got a lovely teacher who must have seen the lovely boy he is and not the horrible child the school had labelled on him.
To cut a long story short, l know of people who get DLA for their children with ADHD and l have been turned down twice, l am now applied to go to tribunal as l cannot understand why others get it and some dont, someone please HELP, was l right to fight for my child, and am going to make myself look like an idiot at the tribunal?
What I believe is the fundamental flaw in this whole system is that claims are not actually judged by doctors or medical professionals - surely the best people to decide who does and does not need help.
As the advice above says you need to document how your son is on his worst day - back this up with whatever evidence you can witness statements medical reports etc.
I was one of the lucky ones that got my son his DLA on the first application he was initially judged to be lower rate care and then on their own review reassessed to middle rate care.
Try and get some advice from the CAB to try and tackle this as well
I am a layperson and have no legal training but I do have an iota of common sense (sometimes)
Welcome Finance PPI -----> over £3k court case filed SETTLED
Park Motor Finance -----> incorrectly logged default on credit file claim for compensation
Lloyds Tsb ----> plenty of things all filed with Financial Ombudsman or Small Claims ----> settled by paying me full amount sought 02/05/09
The CAB will appeal and appeal on your behalf and will go to the tribunal with you. they did with me and they were brilliant. took 18 months but they did it in the end.
Thank you for your reponse, l will go through CAB, stall waiting for a date for tribunal, l am defo going to do it as im so angry as why they think an ADHD child as no greater needs to a child of the same age. Then you get programs on the tv where they have been paying out people with nothing wrong with them for years, what is wrong with the system!
DLA for child
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