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mich7k

disability living allowance turned down for 5 year old son

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well got a reply back this week telling my that although they considered the points raised in my letter they arent changing there decision and that he isnt entitled to any dla! so on to the tribunral again :( i rang up to find out why apparently they are relying on the fact the school said hes fine during the day and that he can dress himself after p.e. and that the incontinence aids he uses at night should be suffiecient to keep him dry! so therefore he sleeps through the night pfft! im so upset that we have to go through this again its like they didnt even read my letter they have discarded all of the problems that he has as the care that is given to him especially at night, i go to get him from school today and he is in the line crying his eyes out the teacher tells me he knocked someones bag over by accident so he said sorry but in his eyes they were all laughing at him and blaming him:( the teachers apologising to me saying he was fine so she cant understand why he is crying i say to her for you this is a nothing but i will have to deal with this all weekend as he sees things differently to you and i. yet she quite happliy filled out the from telling the dla that hes fine and needs no extra help...... duh so i am trying to get my son to the car and i see my friend who has autistic twins (4)and they are kicking off she cant even get them to the car she asks me to hold one of them as she was late getting to school to pick up her eldest and as a result she had to change her route which for them is a big mistake so ive got 3 kids crying she starts crying as the school are giving her a hard time they wont keep them at lunchtime and she has to pick them up at 3.10pm before all the other kids its like we are been punished for having autistic children ...

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Unfortunately, this often happens Mich.... DLA is becoming harder and harder to get nowadays. If you're serious, you'll need to press ahead with a tribunal hearing and take things all the way.

 

As someone who works in a school (secondary), I have to say that facilities in a lot of mainstream schools are inadequate when it comes to autistic children. The Gov. puts children together under this stupid banner of "every child matters" when it's quite clear that if this was the case, there would be more support at hand for certain children. Schools are simply not equipped to keep children in at lunchtime because it means paying for people to supervise them.... which would need to come out of the budget.

 

"Incusion" generally means it's cheaper for the Government to have things that way.... :rolleyes:

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As someone who works in a school (secondary), I have to say that facilities in a lot of mainstream schools are inadequate when it comes to autistic children. The Gov. puts children together under this stupid banner of "every child matters" when it's quite clear that if this was the case, there would be more support at hand for certain children. Schools are simply not equipped to keep children in at lunchtime because it means paying for people to supervise them.... which would need to come out of the budget.

 

 

So accurate! My son has never had a definitive diagnosis. I fought for years to get him some help, not financial, just emotional help.

 

At 4 years old he burned my house down, at 13 he is constantly in trouble with the police, been permanently excluded from one school etc. The thing is he sounds like your typical thug, until you know him, and you hear him crying through the night because he doesn't know how to deal with this terrible anger and fear inside of him.

 

At school its quite obvious that somehow he is 'different' to the other children and he gets constantly bullied. Therefore he starts kicking off, and eventually kicked out, although the school head actually likes him as a person and managed to make a 'managed move' rather than a full blown expulsion.

 

We tried to get a Statement for him, he's been on School Action + for most of his school life, but apparently because he's catered for in school then he doesn't qualify. How can he be catered for? If he was, he wouldn't be having so many problems in school would he?

 

We were also told not to bother claiming DLA for him, despite the fact that I was constantly having to leave work to attend the school and collect him, bring him home and watch him physically daily. If I don't watch him he'll be gone! Out any window, 1st or 2nd floor, doesn't matter to him! I also have to check at night in case he's gone.

 

Strangely it was easier to get DLA than a counsellor for him!

 

I was candidly honest on the DLA form, and the counsellor and school entered reports and they approved lower rate care and mobility 1st go. I was actually shocked.

 

It seems very hit or miss this DLA to be honest, and grossly unfair to some of the people I have been reading about.

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so true i finally got a letter on saturday for an appointment to take him to the childrens centre at the hospital so instead of seeing all different people for all of his problems hopefully i will be able to get treatment for him under one roof so to speak. i thought that not having a diagnosis shouldnt matter in getting dla maybe thats changing i cannot believe it to be honest that he was refused again after last time i wrote a letter and was completely honest about his care needs and they are saying his care needs are no more than a child his age????? the system they have for this is so unfair......... i have enough to deal with and i have to fight for him again it is actually making me ill ive had migraines and neck pain with all this i cant even get any sleep because my boy cant sleep so i have to stay up with him sorry for the rant im just tired:(

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So let me get this straight. He had the same care needs when he was getting DLA before and they accepted then that his needs were more than for other children of his age who did not have a disability (must have done as he qualifed for DLA then), but now though he's older and has the same care needs they are saying that his needs are not "substantially in excess" of other children of his age without a disability. Kids, as they grow older become more independent not less - so what they are saying is a contradiction of their own previous decision, surely?!

 

In regard to the school issue, there are some commisioner's decisions here about it which suffice as "case law" for tribunal submissions. Have a look.

 

Weighing evidence of schools and parents

 

Evaluating School reports

 

and in regard to "substantially in excess"

 

Care component – child – comparison with child with normal requirements (also covers severe mental disablement)

 

The R(A)2/80 you mention is a reported decision on Attendance Allowance (hence the "A") however I'm damned if I can find it. The relevant reference used from it is usually in regard to what constitues as "frequently throughout the day". It's also been used as "what constitutes a bodily function", and "what counts as attention", if my memory serves me correctly. The "80" in the sequence refers to the year, decision made in 1980. "2" is the case number ("R" just stands for "reported").

 

I can find references to it, and "bits" of it but I cannot find the whole lot. If anyone else wants to try searching for it, this are some things it is known as:

 

R(A)2/80

 

Packer's Case

 

Regina -v- National Insurance Commissioner, Ex parte Secretary of State for Social Services; In re Packer [1981] 1 WLR 1017

 

Lord Denning was the commisioner.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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thank u 4 ur help i saw the refrences on the previus submission last time but i didnt use them in my reconsideration letter as i wasnt sure i could use them, yes he has the same care needs as last time they havent changed and because he can dress himself at pe hes ok??:( he cannot administer his creams for his skin condition or give himself his medication especiallt the melatonin neither can he bathe himself the list goes on i poured out my heart in that letter and they said they still havent changed their decison ???? madness

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hiya quick update, I rang them last week to find out when the tribunal will be as i have been wait for weeks the advisor said that they are waiting for a file and they will get a letter out to me. Well yesterday I got a letter addressed to my son (hes 7) saying that they have lost his file and can i fill out another claim pack enclosed! only they sent an adult one! so I called back and was told that they have lost his file and are still looking for it so she sent out another one this morning for a child its a "change" form split into 3 parts so i have to find help to fill it out again then she said it will be passed to a decision maker who will look at it again as a priority! so do i fill it in as an appeal?

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If it was me in your situation, I would write a very strong letter of complaint. It seems to me that they are incompetent beyond belief (as we all know they are) - or they have 'accidently, on purpose' lost your son's file....

 

(edit) Can I ask did you make a copy of your origional claim form?

 

DLA is really getting incredibly difficult to claim these days. My son has severe dyspraxia, and like you, his school said 'oh he's fine', despite him coming home in tears every single day due to bullying. Funny though that I have been called into the school on countless occasions to listen to his teacher tell me just how, un-organised, distracted, clumsy and disruptive he is. How he is so far behind other children in the fact that he can't use a knife and fork, hold a pencil, dress himself or tie his own shoe-laces! On his school report for DLA, they failed to mention any of these things!

 

If you can get legal aid, see a solicitor who specializes in benefits. It's just unbelievable that only now they tell you they've lost your file! I was actually shocked when I read it.

Edited by ErikaPNP
please do not post commercial recommendations

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Hi Marie thanks for your reply when I went to the advice centre they copied the original claim form before we sent it off I have a copy of the reconsideration letter as well so I have to start all over again do i add details of the speech therapist he is due to see and the hospital doctor who he is currently been accessed by in the new form as they are treating this as an appeal.

 

Plus I'm upset for my son as last week he came home with wet trousers and underwear as he had wet himself and was sat in the class all afternoon with wet clothes and was too nervous and embarrassed to tell anyone this happened twice all i got was an apology i didn't need that i just wanted then to look after him. The T.a was at the door saying "we always tell them to go" screwing up her face as if to say tough! Its so upsetting as they have their favourites and they only look out for their friends kids...

 

Anyway here we go again fighting for my boy.

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I'm really glad that you have a copy of your claim form, I think that's vital to have. I can only advise you on what I would do, or am doing, if it might possibly help you in anyway then I am only to happy.

 

I would add the details of the hospital doctor who is currently accessing your son and also state that your son is waiting to see a speech therapist. My son is waiting to see an OT at present, I put this on my claim form although there is no report at present as he is still very far down on the waiting list unfortunately. If you can get some support from the hospital doctor to give some light on your sons condition and care needs, It may help your claim.

 

I know what you are going through. My son is eleven and will be going to secondary school in September. He still has problems with wetting and soiling due to his condition. He will sit in it all day as he is too ashamed and embarased to tell the teacher. He is constantly bullied and comes home crying nearly everyday. I am being called into the school office by the headmistress several times a month where she tells me about his behaviour issues and what I must do at home to stamp this out, then in the school report for DLA she fails to mention any of this! The mind boggles...

 

Hang on in there and keep fighting. I certainly am.

 

-Marie

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well i thought id give you a quick update as you really could not make this up! the dla rang me today to ask me if i had a copy of the school report and if so could i please fax it over. they apologised again for losing the file but said they would look at the claim again and send for a doctors report. she said she could not understand why it was refused as he has high care needs. it could take another 2-3 weeks oh well just add it on to the 7months we have being waiting ............

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Does that mean they're fast-tracking it because of their mistake? :confused:

 

HB


Illegitimi non carborundum

 

 

 

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im not sure i think so cause its going to the disputes team

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update got a call today to tell me that they still cannot find his file but after receiving the doctors report she can see that he has high care needs. She said that she was re-instating the benefit and that she was going to award him high rate care and low rate mobility and it will be backdated and i should get a letter in the next week or so and she apologised again for the delay. She also said that she would be awarding it for a few years but she did not say how many. Im relieved its sorted for him but i cant quite believe it until i get the letter.

 

Just want to say thanks guys for all your support

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She also said that she would be awarding it for a few years but she did not say how many.

 

I'll guess three years. Could be wrong - just a guestimate - don't take it as read. I just like testing myself!! (I'm sad and have no life)

 

Glad it is getting sorted out and hope you don't have to wait too long.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Well done Mich.... fantastic result after having to fight so hard ;)

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thanks guys i thought it might be about that too i let you know when i get the letter

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Hi there and well done for getting to here. Fingers crossed it goes better from now.

 

HB x


Illegitimi non carborundum

 

 

 

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Excellent news!

 

I'm going to guess different from Erika and going for 5 years, lol.

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Hiya all thank you for your congrats messages. I called them today as i havent had the letter yet they told me that he has been awarded high rate care and low rate mobility backdated from Jan and guess what it has been awarded until 2014!!!!! Thank u Jesus x I am so thankful for your support and help over the past 3 years at least I will have a break for a bit

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Bang smack in the middle of Bookie and my guesstimates lol!!

 

Pleased for you, and I bet that's a load off your mind.


My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Hi everyone just to let you know i got the two letters today confirming it;defo hrc and lrm until 2014 and a payment would you believe all backdated:)

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Brilliant, peace and quiet for four years then? Backdated is even better, you might run to half a shandy to celebrate?

 

HB x


Illegitimi non carborundum

 

 

 

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I have very similar story for my daughter. She has eczema. Days and nights needs supervision. I can't go to my job too. I can't sleep because she scratching all the time, has infection all around the her body.

I want to know what medication do you use?

Thanks.

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