disability living allowance turned down for 5 year old son

[mich7k]

Just an quick update, i have recieved my letter today refusing outright my cliam for dla for my son, the letter states it was due to the infomation supplied by my GP. Even though the day they made the decision they recieved the letter back from the speacialist??? Strange eh so you guys could you tell me where do i go from here? How do i start my appeal do i need some legal advise/representive? Do i call them back and let them know i intend to appeal? do you think i should keep a diary?

[PriorityOne]

I would give them a ring to check the procedure, but if I remember rightly.... you need to write in and request a "Review" of the original decision first.

 

You also need to get down to your GP and find out what info. was provided.... and/or ask for a copy of the info. supplied by the GP, from DLA themselves.

 

My daughter's claim was initially refused because her GP had used the word "prudent" when describing her need for inhalers. One word.... and DLA ran away with it to such an extent that they ignored everything else !

 

We won in the end though.... so stay positive !

 

[mich7k]

thank u priorityone will be on the case

[cinderellasservant]

Hi

 

i like this forum i applied for dla for both myself and my son at different times, and got different rtesults at different times let me make the cloudy water clearer for you

 

I applied for DLA for my son on the advice of my health visitor when he was 3 years old as he has a vblockage in his bowel and i am forever chanigng bedding throwing away clothes due to the huge amnount of laxatives he was on (15mls at THAT time) i received middle rate care dla for him and that has not changed dispite him now being almost 10 years old and the problems is worse ( 60mls min of laxatives a day) numerous weeks off school due to sever accidents due to the over flow issue he now gets but dla basically have said we cant get any more cash even though he is now having to have help over and above the help a "normal" 9.5 year old needs but as i know from my case continue to appeal again let me explain

 

I woke up one day in severe pain in my lower back my gp informed it was a "mere" kidney infection gave me antibiotics and went away 2 days later i was admitted to hospital in a worse state and 3 days after that woke up paralysed from the waist downwards, the paralysis is not permanent but when i get severe pain in my back which, unfortunately, i now live with permanently my legs again stop working as does my bladder and i need catherterising and other help ( including getting dressed) well stands to reason i applied for dla as when paralysed i can dfo NOTHING, i was turned down!!!!! i appealed got turned down again and thought that there was nothing i could do there was no ifnormation on further appeals etc, then i met my partner who persuaded me to claim again, again i got turned down i appealed and i got higher rate mobility and nothing else, again i appealed by now we had looked into appeals and knew we had a case, i appealed after continuing to appeal i lost my higher rate mobility??? Eventually i got the chance to go to tribunal i took it i received my mobility back but only receive low rate care, and basically got told to stop appealing thats all im going to get???

 

my moral i suppose is keep appealing go for tribunal if nothing else i got i got my award back and it was back dated to the beginning of the claim which amounted to several thousand pounds...

 

Don't give up they don't like it going to appeal or tribunal but if you are entitlesd to dont give up... yes it is hard and also to be frank demoralising but worth it in the end.. now i am going to continue to fight for my sons care to be changed as he needs someone to be with him when goes to the loo etc to help him when hes having a bad day and most 9 year olds certainly dont need that.

 

 

Carers allownace is a tricky one.. i claimed this for my son when i had to stay at home and look after him when i was a single mother, however, when you recive carers allownace which is roughly £180 a month it is taken off your weekly incom,e support allowance so tbh although you do get extra money at the end of the month you dont really, you get a subsidy on your i.s due to recieving carers allownace but lose £50 a week as it is paid then by another department..

 

Hope some of this helps a bit

[mich7k]

thank you cinders! I'm sitting here at the laptop contemplating my next move, i'm so stressed got the bog off letter yesterday i called dla this morning she said she will send me the appeal form inthe post today and i have four weeks from the date of bog0ff letter it takes a week to get here! My mortgage is in serious arrears and im supposed to pay 376.00 by the end of today to stop the 7day letter being sent out! fat chance of that as wtc owe me the wtc run on which they dont even know if they have sent it out! 4 months i have being trying to get the dla for my boy! i should have claimed earlier when he was a baby to be fair but he disabilities have started to get worse, his adhd has not yet being diagnosed the pediatrician has said she would call him a "busy child" until she investigates further she is going to observe him in school despite giving me some medication to give him at night to get him to sleep. Plus after we had an appointment with her she walked out to the door and would you credit it my hyperactive little man runs out the surgery into the street! but i thought he would have been given at least the lower rate for his Asthma and Ecxema alone! he has 2 inhalers and has to take steriods every day just to breathe!

thanks for reading my rant folks!

[cinderellasservant]

sounds like you are having a huge nightmare hun my thoughts are with you....as far as his asthma etc goes can you get a note from school to say that he cant do the things children his gae normally do and from yopur doctor to say how bad it is or health visitor?

 

again all i can say is keep fighting they thrive on people backing down and giving up, they don't like it when peole keep fighting and tbh showing their inadequecies they lost my paperwork so many times was unbelievebale also remember when you are going to tribunal you are entitled to see the full file they have on you/your son, and make sure you read it very thoroughly especially check dates copy all letters you send them and keep all dates clearly marked it is funny how things disappear with them

 

liz

[mich7k]

thanks for your support i will keep you all posted ok

[The GodMother]

there are a few asthma charitys that might be able to help u with the asthma.

 

The ecxema we was told is nota disability as this can be controlled with medication and creams.

 

we were even told this for psyoris as my partner has sever psyoris and he cant get it he is on daily steriod injections and daily steroids as well as 4 different creams and he has to have his arms and legs bandaged up to help with it all but they still wot award DLA for it even though it is more sever than ecxema

[The GodMother]

i have googled the asthma charities for you and this is what i hae found.

 

Asthma UK - Homepage

 

National Asthma Campaign - Review - Asthma charities & resources

 

The AAIR Charity

 

Asthma at Your Fingertips: The ... - Google Book Search

 

Charity summary | GuideStar UK

 

I also googled asthama and made sure it was uk pages only and found a load of stuff far to may pages for me to go threw one by one and put links here but there is a section where you can define the search more which gives u acess to more info.

[The GodMother]

Charity summary | GuideStar UK

 

There is this one that is like a family support from other sfferers.

[PriorityOne]

Re. asthma.... You need to state that your son needs help from another person to take his medication.... i.e. to hold a spacer device upright to make sure the drug gets into his lungs.... that he cannot take medication directly from an inhaler because it escapes before getting into his lungs. Therefore, he cannot manage his condition alone. He also needs help from another person to count his breaths from the spacer to make sure he's taken the correct amount. (If you don't have a spacer device, get one. In fact, get 2... one to be left at the school. This was one of the questions I was asked at the tribunal hearing.... but my daughter already had a spacer device at school anyway).

 

Re. eczema.... he needs help from another person to apply creams. Steroid creams are dangerous and if used in excess, can cause thinning of the skin. He therefore needs help from another person to apply these creams correctly. He also needs help and re-assurance from another person during these times because he gets stressed, which can make the condition worse.

 

Do not use the word "sometimes"

 

I know this post looks as if its written for a 3-year-old.... but this is the DWP we're dealing with here... The repetition of certain words is for them, but the emphasis is for you, to help you understand what they need to see. A letter from the school detailing any help that he receives from another person would really help.

 

[mich7k]

Thank you for that advice! i will be using it, i didnt use that wording so and i will ask for a spacer for school got copies of the reports back today so i will start on monday thank you fro the support guys

[mich7k]

Hi all i'm starting doing my appeal letter what do you think? Any suggestions? Priority1 iput in some of your suggestions hope you dont mind!

 

 

 

Dear Sir/Madam

I am writing in reference to your previous correspondence

re: claim for DLA for Xxxxxx Xxxxxx Xxxxxx

You have informed me by letter that Xxxxxx is not entitled to DLA.

I am writing to appeal the decision and I request that the claim is looked at again by another Decision Maker.

I am not experienced in making claims for DLA and I feel that not enough information was included in the original claim. I will put this information in this letter and I ask that you reconsider your decision.

Since making the initial claim January 2008 I have had to give up my full-time job which I loved to look after my son as his symptoms have become worse and I have struggled to be Xxxxxx’s carer and maintain a full-time job. Xxxxxx requires help with personal care more than 1 hour per day. Your letter states you must need help with personal care about an hour each day and or frequent supervision during the night.

Xxxxxx’s needs do cover this part of the criteria. Xxxxxx requires 4-5 hours help during the day and 5 hours during the night. This is daily seven days per week.

Also Xxxxxx has to be given his inhalers regularly otherwise he will have difficulty breathing he is not able to administer these by himself so that it's taken correctly inhalers are usually not taken correctly by children unless it’s through a spacer device, to help him take lung function tests, help him to recognise when his condition is worsening

Re. asthma.... my son needs help from another person to take his medication.... i.e. to hold a spacer device upright to make sure the drug gets into his lungs.... that he cannot take medication directly from an inhaler because it escapes before getting into his lungs. Therefore, he cannot manage his condition alone. He also needs help from another person to count his breaths from the spacer to make sure he's taken the correct amount.

Re. eczema.... he needs help from another person to apply creams. Steroid creams are dangerous and if used in excess, can cause thinning of the skin. He therefore needs help from another person to apply these creams correctly. He also needs help and re-assurance from another person during these times because he gets stressed, which can make the condition worse.

The GP report stated that the asthma and eczema is well controlled. This is because I put a lot of effort into making sure this happens and trying to avoid the triggers. Xxxxxx cannot be put into bath easy like a child his age I have to prepare the bath and put and use different creams and bath treatments as they don’t always work, so I try something else. I also have to be careful which washing powders, softeners etc that trigger Xxxxxx’s eczema.

Xxxxxx is still undergoing assessment re: ADHD, she has not yet confirmed that he has it but and is arranging to go to the school to observe him in the classroom.

Dr Dove has now prescribed medication that I have to administer to Xxxxxx each evening 20minutes prior to going to bed; he has this medication 3 times during the night which I have to give to him. The medication takes 20minutes to take effect each time which I have to supervise Xxxxxx.

I have to buy a new bed and bedding every 6-9months and have done so for the past three years. Xxxxxx wets the bed 1-2 times each night. During that time I have to get Xxxxxx cleaned up re-apply the steroid cream, put clean underwear and pyjamas on Xxxxxx and change the sheets and bedding. This takes up most of the night from 2am onwards each night I am up with Xxxxxx as he does not settle properly.

Xxxxxx cannot be left alone unsupervised during the night as he has insomnia. I myself no longer go to bed at night as I stay up as Xxxxxx’s behaviour and actions have become worse.

Xxxxxx regularly goes downstairs during the night to watch TV. I have to coax him up to bed.

Xxxxxx will take the household cleaning stuff and tries to clean the bathroom. Says he “wants it to be the shiniest bathroom in the world” this takes place between 3am-6am.

Xxxxxx regularly defaces the walls, doors, household items, and his sibling homework anything that may be important to them, with crayons etc As well as emptying cupboards and taking things apart with no explanation.

Xxxxxx is extremely hyperactive and has regular unexplained outbursts examples are he refuses to eat certain foods/drinks etc unless the conditions are to his pleasing such as how many times has a drink being stirred if he has the same plate place to sit and specific chair etc and can be aggressive when the outcome wanted doesn’t happen. Xxxxxx doesn’t understand danger and it has to be repeated time and time again

[mich7k]

Any ideas or suggestions would be appreciated

[PriorityOne]

Mich, I will look at this over the weekend if ok.... am really pushed for time during the week.

 

[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

 

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:

• you got your mortgage before 2 October 1995
• you are a carer and the person you look after is eligible for certain benefits
• you are a single parent whose partner has died or left
• you are an offender and are waiting for a trial or sentence
• 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]

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.