DLA for a child - very long! help!

[VeraB]

Hello all, this is my first time posting so please be gentle.

 

The long and short of it is my daughter has been extremely hard work from birth and only when she reached 9 did we get some answers and diagnosis or her problems. These include hypermobility, attention deficit disorder, sensory processing disorder, dyspraxia and sleep disorders. Her primary school were very restrictive and actively prevented us gaining outside help for her but we applied for dla (my dates are very rough so please excuse me!) around 2011 when she was around 9/10 and were refused, we eventually went to appeal in around 2012 (yes it really took that long!) the appeal was informal and not too stressful and we were awarded middle rate care which was awarded for 2 years but about 20 months of that was backdated so it ran out within 4 months and we reapplied in 2014 and again were refused, again we went to appeal which took until May this year (her now being 13)... the appeal was highly distressing so say the least, it took place in the magistrates court 2/3 of the panel were very aggressive in their questioning .. constantly almost trying to catch me out ... I felt like i was on trial for murder rather than just trying to get what my daughter is entitled too! We were awarded lower rate care backdated and in place until feb 2016 (2 years again with only a few months left until reclaiming), but were told there was more recent information that they couldn't take into consideration but we should submit that information to a super cession for care. So we did this and last week received a no for care and the reclaim pack for her mobility/dla claim ........

 

I am now in a predicament .... they already said no for care and the mobility is up for renewal. I categorically know they will not award it and I know for a fact I will need to return to tribunal which I honestly do not think I can cope with, the stress of the situation has put me on higher dose antidepressants for anxiety and stress! Yet I feel an injustice that I am having to go through all this? The money massively helps replace items such as clothing my child eats/bedding she ruins and carpets and such like, it also allows her to partake in activities during the holidays especially for her, so it is important.

 

I even had input from somebody from the disablement action group with the tribunals but they appear to be very busy and I cant think about doing through all this again, does anyone have any advice?

 

Thank you x

[honeybee13]

Hello and welcome to CAG.

 

The forum guys should be along later with advice for you, please bear with us until they're able to get here.

 

My best, HB

[Nystagmite]

Have you been in contact with any of the local welfare rights groups in your area? You have to give as much information as you can. You can't for example, just say she needs help doing something. You have to spell it out for them and explain why and how she needs more help than a non disabled 13 year old.

[VeraB]

Have you been in contact with any of the local welfare rights groups in your area? You have to give as much information as you can. You can't for example, just say she needs help doing something. You have to spell it out for them and explain why and how she needs more help than a non disabled 13 year old.

 

Well the DAG group were helping with forms and such like and appeals, still won at appeals but never had a smooth renewal. Her needs mean her supervision is more than a non disabled 13 year old hence is getting awarded LRM at appeal in May but they always refuse at renewal.

[estellyn]

Child DLA is really difficult to get, and often needs someone with good experience of child DLA to help. Evidence from the school is also very important in child claims.

 

What sort of evidence do you have? School? Doctors? Other professionals?

 

also I'm not clear on what the current award is, can you clarify please.

[mmfhater]

Verab don't give up

I have been in the same boat as you had to appeal ect and we Ended up at the upper tribunal

 

it took us over a year and now we have to go throu it all again as it run out on my daughters birthday

I'm dreading it as all the stress last time put my other half on anti depressants

[VeraB]

Child DLA is really difficult to get, and often needs someone with good experience of child DLA to help. Evidence from the school is also very important in child claims.

 

What sort of evidence do you have? School? Doctors? Other professionals?

 

also I'm not clear on what the current award is, can you clarify please.

 

This last part for the super cession they didn't get any info from school but schools are a whole other problem!

 

We have peadtrician reports which discuss her medications and any other issues (ever 3 months) CAMHS paperwork stating due to self harming she needs supervision, i also sent a iep from school about her extra support academically, that was just this time, for previous claims there were OT reports too which stated her dyspraxia meant her co ordination was at 4 years 8 months ( this is obviously very old now!)

 

Current award is low rate mobility which we were awarded at tribunal in May but expires in february (have now sent claim pack!)

[VeraB]

Thank you, just feels so unjust 2 tribunals which we won and now having to embark on the same journey again!

[Nystagmite]

Can you request the info from school yourself? DWP only request info if they feel they need it.

[VeraB]

Can you request the info from school yourself? DWP only request info if they feel they need it.

 

The info from school isn't helpful to be honest, I saw the info at the last tribunal - the DWP asked for it, it stated she had poor road safety awareness but this had not been seen in school (well because school is not on an open road lol )

 

I assume if I reapply for February they will re-contact school.

[Nystagmite]

Does yout daughter have a statement?

[VeraB]

Does yout daughter have a statement?

 

 

No as academically she is scraping by, its more behavioural and social issues which school put down to 'teenage behaviour' but this has been the case form birth

[estellyn]

No as academically she is scraping by, its more behavioural and social issues which school put down to 'teenage behaviour' but this has been the case form birth

 

Then you need to see a consultant who can state categorically what behaviours can be attributed to her conditions, then get the school to state what behaviours she demonstrates and needs intervention with at school.

[VeraB]

We are under a peadtrician/consultant but the medical reports are so vague and state little due to the frequency we visit, they usually state her heigh, weight and status of medications and how they are/ar enot helping. Feel like there just isn't someone specific who can back up what I am saying. I know on the forms they dislike you stating diagnosis as such as they like how this affects the child which I am sure I have done x

[estellyn]

You could pay for a private consultation and report from your consultant and set specific parameters for the report. You could request through the GP to see a behavioural psychologist who would be able to give you very relevant information, and may also be able to assist with behaviour change.

 

If you pay for a consultation and/or report there is no guarantee of a favourable report or outcome, even if you can afford a report in the first place.