disability living allowance turned down for 5 year old son

[mich7k]

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

[mich7k]

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.

[mich7k]

thank you guys i will keep you informed

[mich7k]

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,

[mich7k]

bless u thanks for those encouraging words just worrying about my mortgages and other bills u know?

[mich7k]

thanks for that making me laugh! so so true!

[mich7k]

thank u i appreciate you guys:)

[mich7k]

thank you i will check it out straight away!

[mich7k]

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?

[mich7k]

thank you Bookworm im gonna give it a shot

[mich7k]

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,

[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?

[mich7k]

thank u priorityone will be on the case

[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!

[mich7k]

thanks for your support i will keep you all posted ok

[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

[mich7k]

yeah thats fine appreciate you taking a look

[mich7k]

Bless you Priorityone thank you i really appreciate your help i will let you know it goes

Mich

[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

[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

[mich7k]

Thank you tiglet i will approach them for some help, well a quick update i have written and sent off my review letter, it has been recieved checked today said it could take up to 3months for a decision to come through!! Outrageous! having taking 4 months to turn down my claim for my boy in the first place!

[mich7k]

Hi all! Hope you are well

Thought i'd give you a quick update:

Sent in the review letter got a bog off reply saying that he is not entitled to either if i would like a tribuneral and to reply within 14 days. To be honest i wasnt going to pursue it i am just so stressed out plus i have seven days to pay off my arrears on the mortgage or its court action; anyway i plucked up the courage today to call a solicitor about the mortgage arrears only to be told they no longer do legal aid and to call the legal helpline service, well now they advise you over the phone and asses you for anyother help you may need so i was put through to a welfare benefits officer who gave me some hope and has agreed to represent me at the dla hearing although she cannot attend personally after speaking to her it seems that my boy may qualify for the middle/higher rate care and lower rate mobility! So i thought lets go for it, said his problems are hard to explain on the form. The doctors have assesed him and they dont think he has adhd so he has been refered to see another doctor although i think he may have slight autism:confused:

[mich7k]

Thank you priorityone i will need all of you over the next few weeks!