disability living allowance turned down for 5 year old son

[mich7k]

Hi guys i have revived this thread as i am in need of some advise, as you guys advised in September last year i applied to the family fund for a washing machine and a bed and bedding ect for my son anyway didnt here anything from them got a letter before christmas saying they need a copy of a report from my doctor/teacher/etc to proceed with my application well we are due to see the bed wetting specialist at the end of the month so i thought id get get to write something for me, well last week my washing machine well and truly packed up so i had to use all my son's DLA and my some of my tax credits and went of to currys to get a new one! i had to install it myself lol, anyway i just got a call from a lady who wants to come and see us next week any ideas what to expect will she be checking if we have too much or sruffy gits!!

[OMyDayz]

Hi Mich,

 

It's nothing to worry about, they sent a lady out to me for a home visit the first time applied. She was lovely and just chatted to me. I ended up getting more funding than I originally applied for as I had just bought a new Dyson and they refunded my money for it so chances are they will do the same with the washing machine that you paid for.

 

As I said, the lady was really lovely and helpful and asked me if there was anything else I needed or wanted and even made a few suggestions herself so don't be afraid!

 

I've only applied for funding once after that and that was for a washing machine and they didn't send anyone out to see me that time as I was already on their 'books'.

 

Let me know how it goes and above all DON'T WORRY!!!

 

xx

[mich7k]

thanks gettingthrough i think im abit paranoid after all the fighting ive being doing the past year its feels strange now that someone wants to help me! i must be losing it. lol!

[OMyDayz]

Hi Mich, how did you get on with the home visit?

 

Let us know when you can.

 

xx

[mich7k]

HI the lady was lovely she stayed for a couple of hours said that she thinks that from what ive described my boy may have Aspergers and i tend to agree with her while she was her i started to cry! duh but i think it kind of got on top of me as i was abit nervous, she said we should here in about 6 weeks and she has applied for a holiday for me and the kids and some furniture for my sons bedroom as its wrecked!

[mich7k]

oh my gosh! you wont believe this i joined another forum thats supposed to support mums when i stumble across a forum saying dla for asthma? all of these so-called suportive mums saying its just a condition and not a disability and that people shouldnt get benefits for it when people have cancer, i was so upset that i signed off for awhile then i went back and wrote that you shouldnt judge as there are different levels of illness and some people suffer more than others.

I posted on there are the thread seemed to be so intimidating and i thought parents who are suffering and need help and adults too would be put off if they were reading that thread i know that everyone is allowaed there own views but they came across as gang up on people who cant breathe and have skin conditions

 

Thanks for reading my rant im going to close my account with them x:mad:

[mich7k]

hiya guys hopeeveryone is ok:) Im resurecting this tread again as im going through my sons renewal:( its such a horrible process; anyway ge was awarded until jan 2010 so they sent the renewal form in July i couldnt face doing the forms after all the stress of last time. This time i went to the advice centre and the lady helped me fill out the forms it took us two weeks mind! sent them off end of october got a letter today stating that they are going to get a report from school before they make a decision, i stated in the form that because of his behavourial problems he is ok at school because he likes order and structure. Although nothing has changed since the last time we applied and the teacher he had then wasnt very supportive so im thinking do you think they will turn him down just on her report? cause he still has the asthma ezecema and incontienance and insommnia and all he other issues which could be aspergers altough i cant get a diagnosis as he now has a fear of going to the doctors after he had a melt down in the surgery when he was supposed to have his swine/flu jabs but he now has a fear of needles, thats another story! which i feel the the welfare rights officer has put down on the form well as well as listing all his medications and all he time i spend with him, would they really be able to turn him down based on what the teacher says despite all the other evidence they have?

 

fretting in advance

 

Mich x

[Bookworm]

Short answer: yes if they think they could get away with it.

 

I can't understand why you're not getting the higher rate of care if he needs help during the night, that's not right.

 

Instead of setting your sights low and being grateful for the crumbs they may be willing to grant you, you need to change your way of thinking.

Read more about the criteria for DLA's different rates, and aim for the sky.

 

I did the same the 1st time when my son 1st got diagnosed with Asperger's. The DWP awarded him high care and low mobility and I was so grateful and relieved to get anything at all, I just took it gratefully.

 

On renewal age 12, they awarded the same and I thought "hell NO" and went through 10 months of crap... Long story short, as of last week, I won at tribunal and he now gets high rate for BOTH care and mobility. I went in there thinking I had little to lose and just set about showing them in how many ways my son does fall within the criteria of the law and that did it.

 

If you suspect your kid is on the spectrum, then make sure you GP refers him to CAMHS, as they're the ones who can establish a diagnosis and it may help if he can go somewhere which is not "doctor" associated. ;-) Better do it ASAP though, because waiting lists are usually long.

[mich7k]

thanks bookworm for your advice im trying keep calm and prepare myself for the fight so to speak! anyway i also think i should get high rate care as well cause its not just the aspergers its also the asthamas and excema as well as his incontience, plus he has to wear and alarm now duringtheday under his clothes to help him getto theloo myspacebaris shot as you can see. i read ur thread all the way well done im so happyfor you but why is it we have to fight so hard for this ure right i did just accept the middle rate care at the tribunel cause i think my fight has just had enough and i was sodepressedbythewhole processand trying tokeep it together for the kids thanks for yourongoing support ill keepyou informed Michx

[Bookworm]

If you need help, just holler. I'm quite happy to send you a copy of my file when the time comes so you can use it for whatever. If you need help with the renewal pack filling, ask away too, before you send it off!

[mich7k]

right help is needed just had the letter back just to add to the stress they have refused his dla altogether said hes entitled to nothing!

I went to the welfare rights to get help to fill out the form so i guess it dosent really matter who fills out the form so here we go another fight again not sure where to start will this mess up all my benefits now because i get carers allowance and extra tax credits? his current award runs out 14 january 2010 this was awarded at the tribunal will and he is due a payment on 5 january im fretting nowcause he still needs the extra stuff nappy pants sheets and pjs and extra bedding etc that i buy each month shall i ring them and check?

[mich7k]

Hi everyone im writing a letter for reconsideration for my sons dla ive being read the submision from the tribuneral from last time and it has references in such as R(A)2/80 states .. can i put them in or just write the reasons? any help much apprecaited ta

[mich7k]

any one there????????

[mich7k]

Im about to post off this letter for reconsideration of my sons dla award could you please advise if its sounds ok? Thank u

 

 

　

　

 

07/01/2010

Dear Sir/Madam

I’m writing to you in regards to the letter received dated 17 December 2009 regarding the renewal of xxxx disability living allowance.

I would like to ask for a reconsideration of the decision that said that he is no longer entitled to the benefit. I disagree with this as the decision was based on the information provided by the class teacher. Which covers around the 5 hours per day he is at school. As stated on the application form the structure that the school day provides is good for Rashaun. I have however described in detail on the application form the lack of my son’s concentration and impulsive behaviour outside of the school environment.

However I do not believe that his other care needs have not been taken into consideration by the decision maker.

　

xxxx requires he inhalers regularly during the day these are administered by myself to control his breathing. When he is running around the house due to his hyperactivity he becomes breathless and has to take his medication to breathe again I provide this care around 3 times per day.

When xxxx becomes engrossed in the television or game he wets himself and does not make it to the toilet in time. xxxx has been potty trained but does not understand that it can be left and go to the toilet. As a result xxxx will soil himself at least 4 times during the day which means I have to clean the carpets and his clothes. He often hides his soiled clothes and gets upset if other people find out that he is unable to control his bladder. We have been to see a specialist about this and xxxxx has been given an alarm which is attached to his underwear to warn him he’s about to have an accident this is not working all that well and we are still using nappy pants.

The attention xxxxx requires is frequent which means it is required several times a day at intervals spread over the day. I submit that due to his behaviour xxxxx requires substantial attention requirements which a child of the same age in normal physical and mental health would not have.

　

Even though all children his age require some help bathing and washing insufficient weight has been placed on the amount of extra care which I provide which is substantially in excess of the care required by other children his age. He also has atopic eczema which is controlled with creams and lotions I have to administer the treatment which I was shown by his consultant at the hospital this is done on a daily basis so to prevent the skin from breaking. This is an ongoing treatment and there is no prognosis that his condition will improve so this treatment will be administered for the foreseeable future. As stated in the application form I have to bathe xxxx in Aveno oil and apply creams cetreben and elcon ointment each morning and night as well as intervals during the day when he gets itches and I have to apply the creams to stop him from scratching and breaking the skin.

　

　

　

xxxx suffers from insomnia as is has ongoing treatment for this as has been given 3mg Melatonin which I have to give him each night to get him to sleep.

The care that is required during the night for xxxxx is repeated more than twice. xxxxx official bedtime is between 8.00pm and 8.30pm my normal bedtime is around 10pm. xxxxx usually sleeps until around 1am each night and I have to re administer the medication whilst changing him as he is always soiled. Then I then change his bedclothes and bedding and try to soothe him back to sleep this repeated at @2.30am and 4.00am each night. When xxxxx goes to bed at night when he wets himself I spend another hour during the night bathing him again as the urine aggravates his skin condition more as he is incontinent. These bodily functions are frequent.

xxxxx displays frequent obsessive behaviour at present his obsession is with the number 7 days and dates, number of crayons, paper, drinks have to be stirred 7 times, he has to brush his teeth for 7minutes,cleaning his room, has to watch DVDs 7 times then its over with no longer in use in his eyes. He has shut himself in wardrobes and has to stay in there for 7 minutes to see if he will die. He does not understand social relationships and I constantly fear what his actions will be when we venture out as he will run off I have to drive the car with all doors locked as xxxxx has opened to door whilst the car is in motion to see if he will fall out. As well as taking off his seat belt whilst im driving. Each time we go out I have to explain the dangers and no to run off and wait for me to go round to his door and to hold my hand.

I believe that the criteria for disability living allowance care element has been met as xxxxx needs help more than once or for 20minutes or more at night.

yours sincerely

 

Mich7k

[PriorityOne]

It seems to be getting harder for these claims to go through.... I would press ahead with this, but please remember to stress that the things you do for him are things that HE CANNOT DO WITHOUT HELP FROM ANOTHER PERSON. I know this sounds obvious, but you have to treat the people reading your form/letter as if they're thick (no comment ).

 

Please also prepare yourself to go to a tribunal hearing if it gets rejected again. It's well worth going and having been to one myself around 10 years ago now, they're not as awful as you might imagine them to be.

 

[mich7k]

thank you for having a look we went all the way last time and it was stressful they sent me the refusal letter on christmas eve i was so gutted had to go through christmas knowing i have another battle on my hands well im going to send this letter off and see what happens next

[PriorityOne]

thank you for having a look we went all the way last time and it was stressful they sent me the refusal letter on christmas eve i was so gutted had to go through christmas knowing i have another battle on my hands well im going to send this letter off and see what happens next

 

Have a look at the letter I posted up earlier in this thread and use that.... or parts of that. Try not to use the word "control". If they think his condition can be controlled, it could go against you. His condition cannot be controlled.... which is why he needs help so many times a day, every day and through the night. He's not able to recognise when he needs help because of his age, so he needs someone to help him with his care and medication needs.

 

That kind of thing.

 

Have a go and re-post if you make changes. I'm off work because of the snow....... so have time on my hands at the moment. Having said that, my daughter is nagging me to build a snowman... so I'll be offline in a bit until this evening.

 

[mich7k]

Thanks Priorityone gonna have a bash at it now

[mich7k]

well i tweeked itup abit and i rang the consumer helpline spoke to a representive and she said that the letter sounded ok and more like a personal statement from my heart so i sent it in special delivery cost me £4.99! because they didnt have any recorded delivery slips due to the weather. I'll let you know how i get on

[mich7k]

Just had a reply back saying that they recieved my communication asking to look at the claim again. They said they will look at the claim again and it may take up to 11 weeks for a decision so i just have to wait.

[honeybee13]

That sounds a long wait, poor you.

 

I can't remember if there's a time limit for them to decide. Guys?

[honeybee13]

Ah ha, it's coming back to me now. Of course, you have to act within a month, unless they agree to extend it, but they don't seem to have a time limit to get back to you about an appeal.

 

I forget how long we waited, and unsurprisingly, they stood by the original decision. It was only when we went to appeal that it was sorted.

 

Sorry to sound bitter and twisted, it just makes me angry that it seems so stacked against claimants. I truly hope you don't need to go to the tribunal, but mine was very fair and I have faith in them. I would advise you to appeal the new decision if you don't like it.

 

I'll be crossing my fingers for you.

[ErikaPNP]

For a reconsideration alone there is no clearly set time limit. For an appeal, it can take 9 months to be heard.

[mich7k]

oh my godness i guess theyare gonna stretch it out then? although the letter did say 11weeks then i have togothrough an appeal then atribuneral pls excuse my typ9ing i have an issue with my space bar since my son dropped it during an episode

[ErikaPNP]

There is no time limit actually set in law for the DWP to provide a response to TS.

 

Most appeals are heard within 6 months but can take up to 9.

 

See here