Help with child DLA claim

rhino

Hello. My son is 5 and has hearing loss, sight loss, autism, speech delay, sensory processing disorder and diagnosed anxiety. 

I applied for DLA last year and was declined, with the reasons cited that when my son wears his glasses his vision is acceptable and when he wears his specialist headphones his hearing is acceptable.
I agree that when he wears his glasses or hearing headphones he can see / hear, however he can't wear both together and getting him to wear either and keep them on, (because of his ASD and sensory issues) is next to impossible. 

I appealed and took it to tribunal and still no change. Are they correct that because if he uses his aids his sight/hearing are 'fine' that he can't be awarded? Do they not take into account that he can't always use them and he needs help setting them up etc? 

The hearing headphones are also really limited in help because they only amplify the sound of the person wearing the microphone, not all sounds. 

Is there anything I can do after appeal? 

poppy123456

DLA isn't awarded based on a diagnosis. You need to prove he needs substantially more care and/or supervision than a child the same age who doesn't have a disability.

As you've already taken it to Tribunal you can't just appeal that decision because you think it's wrong. You first need to request the statement of reasons within 1 month of the date of the decision. Once you receive this you'll need to find someone to take a look to see if they can find the error in law. If it can't be found you can't take this decision any further.

There's a very good link here to have a read of that may help. https://contact.org.uk/help-for-families/information-advice-services/benefits-financial-help/benefits-and-tax-credits/disability-living-allowance/

If you do decide to start a new claim then i'd advise you to get some expert advice from an agency near you to check that he can successfully be awarded. Starting a new claim using the same evidence you previously used could see another refusal.

rhino

I don't think I said it was about diagnosis in my question. I said his conditions on the forum to give a basic overview to his needs. Of course everyone with his conditions is different but so members of the forum could have some understanding. 

It sounds like there is no point in trying. I sent his play therapist report showing his extra care, paediatrician report, supporting letters from his OT, audiologist and opthalmologist. His school one plan and letter from his former nursery, plus letter his childminder gave saying she can't care for him any more as his needs are so high and to look for another provider. I can't see how I could get any other evidence and if applying with the same will mean same result there's no point. But thank you

L_Volunteer

I can really hear your concerns @rhino. As much as the social model of disability can be useful for making reasonable adjustments mandatory etc, I can hear how this has gone against you in this case 

Almost like you feel his difficulties have been invalidated because with resources, he doesn't struggle. Without these resources though, he would struggle. Am I hearing you right?