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Thread: Autistic Child DLA - Appeal help needed.

  1. #1

    Autistic Child DLA - Appeal help needed.

    I am posting here hoping to get a little bit of advice from you all.

    My autistic son who is 3 and a half years old currently recieves middle rate care
    DLA, when he was orginally awarded I believed he was entitled to high rate as
    he suffers with a lot of sleep problems. At the time we were just happy to be
    awarded any thing so accepted it. My son was also under a sleep clinic at the
    time and we did see a little improvement.

    Mean while after a lot of research I decided to put in a change of circumstances
    I believe my son is entitled to high rate care and also high rate mobility under the
    severe mental impairement criteria.
    Since the first application and award of middle rate care my son has been
    granted an ehcp and he now attends a nursery that is in a special school
    he will attend the special school in september 2018 full time.

    when I reapplied I put on the form that my childs sleep has got worse since
    the original award and I also answered all the questions regarding mobility.
    I recieved a decision in July that my son wasn't entitled to high rate care or
    high rate mobility as he doesn't meet the criteria, they used a report from
    my sons paediatrition saying because my son sleeps in his own room and only wakes up
    between 1-2 nights a night that he doesn't need any care over a normal child his age.
    This report was written in January 2017 from an appointment we had with the paeditrition
    in November 2016! My childs sleep has deterioated since then.

    I put in a mandatory reconsideration and I was called by the dwp and I gave them more
    information, I told them that my son wakes up numerous times a night and can
    be awake from anywhere between 10 mins to all night. I also told them that we have
    to keep his window permantently locked and give him lots of supervision to make
    sure he doesn't come to any harm. This was also refused.

    Inbetween me sending off his appeal we had another appointment with his paeditrion
    I updated her on his sleeping and it was agreed that she would start him on melatonin
    to see if that helped, I also asked her if she thought his sleep was normal for a child his age
    to which she replied it was not. I intend to bring this up at tribunal or in my statement and also make the
    tribunal aware that we don't see the paeditrition often as the time between appointments is usually long.

    So recently I got my appeal back with all the documents and decisions. I must admit that a lot of this has upset me!
    It's like they're trying to wriggle out of everything as much as they can.
    Firstly it states my son doesn't meet the criteria for high rate mobility under the as he is not suffering arrested or incomplete physical
    development of the brain, I'm sure there is case law that says autism should meet this criteria. They also claim that he doesn't have any problems with
    social function.
    He doesn't respond to his name 70% of the time and he doesn't have any friends, he spends most of the time in his own little world and doesn't
    understand personal space, when he meets people he gets really close and due to his height he is very close to their private areas.
    They're is a section which states evidence from doc ## indicates child is non verbal but can make sounds when upset or distressed
    and child will lead adult by the hand to indicate his needs. It also states that he can use basic pecs which has taken over 18 months
    to achieve.

    I actually bought him a mcclaren major so I know he will be safe when he is out. He goes to a special school and gets picked up and dropped off.

    I am doing this on my own but must admit I'm feeling a little overwhelmed by it all, hopefully you kind folk can give me some advice and help me
    along the way.

    Sorry if they're any mistakes had to try and type this around the children.

  2. #2
    Senior Member
    Join Date
    Jul 2013
    i think your best hope is to appeal and give verbal evidence in court , a lot of older child psychologists dont understand autistic/disleptic children , ive been to one with a freinds son and his veiw was its "normal" child development .
    we tried to explain how the boy was different but "this" older "expert" didnt support us.
    if you stand up in court and tell them that this still fairly "new" illness can be more severe in some children than others , and hope that there "medical expert" is young enough to have a real insight into autistic children ..
    i know it feels nobody understands , but you may find a judge is more on your side than the DWP ? if you can convince the judge you should be ok , i wish you all the best of luck with your claim . x

  3. #3
    Senior Member
    Join Date
    Feb 2017
    Hi and welcome

    I am so sorry that you have to have this fight when clearly your little lad deserves the best we can give him.
    You need to try and make your submission to the panel in as simple and easy way to understand as possible. Lead the reader to the page and paragraph of your evidence where it is apporpriate. All the panel wants is the truth and not the BS of the DWP. Nobody knows, better than you what is needed so you will have to educate them in an idiot proof way.
    We all wish you the very best outcome and please do ask if we can help in any way
    Anything expressed is my opinion only and is offered in good faith. It is either from my own experiance or what I have learned on my journey. Take it for what it is or leave it alone. With best wishes D.

  4. #4
    Senior Member deebee's Avatar
    Join Date
    Mar 2013
    You can get help with your appeal from the National Autistic Society
    If you are not already in touch with them,please do so.
    You will find them useful for many things over the coming years
    Also,if they have a local support group,do go along
    Good luck

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