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disability living allowance turned down for 5 year old son


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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

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Have they informed you about any appeals process?

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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.

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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. :mad: Of course, the more people take the "no" for an answer and don't appeal, the more money is saved.

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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.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Bookie's right.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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.

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Please do. and good luck.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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,

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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.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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. :rolleyes: .... stupid bergers !.... and my daughter needed assistance to be able to breathe properly, among other things.

 

Hope that helps... :)

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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.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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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,

 

Hi mich7k, Once you've had your appeal for the DLA and won (positive thinking), you then may also be entitled to Carers Allowance. Worth checking out. You might like to check out this site: Carers UK : Home Got lots of useful information for Carers and loads of wonderful support for people in a similar position to yourself. The website and organisation behind it is a Uk charity.

A couple of hundred years ago Meyer Amshel, (1743-1812), founder of the Rothschild dynasty is reported to have told his five sons, “Let me control a nation’s money and I care not who writes its laws”.

 

PLEASE NOTE - I am not a legal expert, what I have written is my own opinion garnered from reading this forum and consumer legislation, and my own experience of the judicial process.

 

If I have been helpful, please feel free to tickle my scales!!

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my son really needs a new bed and bedding and i was hoping i could by it for him at least
Might be worth applying here then:

Family Fund: Home

 

On the autism group I belong to, someone got a washing-machine and tumble-drier and someone managed to go on a family holiday to Greece, 1st time ever they'd managed to go on holiday.

 

Incidentally, did you apply for Carer's Allowance at the same time as you applied for DLA? It's not much, less than £50 a week, but hey, every little helps. Also, if and when you get DLA, if you get child tax credit, you'll need to notify them as your WTC could increase quite substantially thansk to the disabled premium.

 

Oh, and while I think of it, housing benefit/Council tax benefit. I didn't think we'd qualify, as Mr BW works f/t, but a combination of low income and disability premium means that we are now exempt from Council tax and should have applied months or years ago! :mad: So it's worth applying, the worse they can do is say no. ;-)

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hi Bookworm thank you for giving me the heads up on that. I've claimed income support but i didnt know i could get carers allowance without the dla i get ctc for my two kids,no longer get wtc as i have resigned from work to look after himim waiting for a letter from council tax as they did it for me at the job centre, will the family fund help me as he hasnt got the dla yet?

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The family fund is for children with a disability, as far as I am aware, you can get it even if you don't get benefits (yet). It's all on the website, read it through and decide whether you think they can help you.

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Just to add... they won't award Carer's Allowance until you get the middle or upper band of DLA.... but once this is awarded, a claim can go in for Carer's

 

If you are on Income Support, then premiums are added for both DLA and Carer's... backdated from the date of your claims (although you'll have to tell DWP, as they probably won't do it otherwise :rolleyes: ). However, the Carer's Allowance itself is deducted from Income Support (not DLA though), so in reality... you are only better off through the premiums.

 

Worth having though.... amounts to around (approx.) £80ish a month (Carer's). DLA premiums are slightly higher.

:)

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thank you Bookworm im gonna give it a shot

 

Hi there hun.;-)

 

Just to let you know we have been in the same situation as yourself regarding DLA, however we won after attending a tribunal hearing.

 

We applied for my son then 11 in DEC 2006, he has Asperger's syndrome, Anxiety disorders, learning difficulties and Asthma where he is on a number of medication from the age of 1 yrs old.

 

Even though my son is asthmatic I also applied when he was a baby and he was turned down and I didn't fight it like I wish I did, as my full time care was given both day and night, he slept approx 2 hrs a night.

 

However, when he was officially diagnosed with ASD etc at the age 11 I was advised by his specialists to apply for DLA, and this was turned down in March 2007 after applying in DEC 2006, I asked them to reconsider, they still did not award it, and it went to appeal for a tribunal hearing in Sept 2007.

 

Looking back on the forms I felt that not enough information went in regarding his care and needs given which is constantly day and night, but did not add this information like I should have.

 

But I did find out it was the school that let him down and nothing else, we requested for all copies of all the submissions the DLA had and it was plain obvious it was down to the school who made a few mistakes in the extra information part, they are fully aware now though.

 

However, you could ask them to reconsider as many have been awarded from this stage, but also send in any further information and even support letters from specialists your child is under and family members that I wish I did then.

 

I have learnt a lot about this since my son has been awarded it.

 

He is now awarded High rate care and low rate mobility.

Although he is 13 I still walk him to and from school, as he has not any road sense, he does not go out alone or he would lose sense of direction, where they look at this and compare this to another child without disabilities of the same age group who has more independence as such.

 

My son still only manages with little sleep, but even from new born he never hardly slept or even in the day.

He is still under a specialist regarding his sleep issues as everything has been tried but they seem to think this is just the way he is, but I have to watch over him at nights as he tends to have outbursts where one time he'd blown all the electrics and with no sense of danger either he cannot be left to it etc.

 

I know this site is very helpful, and I also know of another site that help's regarding these issues, this is:

Youreable.com - The leading disability resource for disabled people

where there is also ex tribunal members and ex benefit advisers who deal directly with helpful information in these issues.;-) .

 

Just register and check post where someone will get back to you and advise you.

 

If you do end up going to tribunal, try to get some support through this, such as a representative from your local CAB or welfare rights, they can also come along with you too and all if free to my knowledge.;-) .

 

Hopefully you will win just by appealing by not even going as far as a tribunal.

 

I note these lovely people here have given you some very good information and advice too.;-)

 

Good luck and fingers crossed your child will be awarded this soon.

I agree with the earlier posts where they state mostly all claims are turned down first time, but your child is entitled to it, so just keep going for it hun - you will get there in the end.;-) :) .

 

Di.

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Thank you all for taking the time out to help and advise me i still havent recieved the letter yet but i still have the original dla claim i submitted gonna try to get some specialist help so i can win this appeal so with youre help and someone to speak on my sons behalf we will be successful, valid points have been raised and i think i didnt give enough infomation, going to see teacher at parent's evening have a chat,

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