Support needed - DLA Appeal to Upper Tribunal

Khubbz

Hi everyone, I’m really hoping you can help. I truly believe there’s no better knowledge than that of people who are living with these daily struggles.

My son is 7 and has been diagnosed with Autism, ADHD, a speech impairment (he is non-verbal), and a hypo-sensory disorder (I know, quite a list!). Over two years ago, I was awarded the higher rate care component and the lower rate mobility component. I appealed this decision to the DWP and then again to a tribunal.

The tribunal report stated that he needed to meet five of the SMI requirements, and that he met four of them. However, the irony is that they decided he did not meet the “severe impairment/learning” criterion, which I find incredibly difficult to understand given that he cannot speak, is not continent, does not sleep, and requires constant supervision due to his needs.

At the hearing, the judge said she did not doubt that my son has a severe impairment, but that they needed formal evidence of this,either from his school or a psychology report. Had I known this beforehand, I would absolutely have submitted it. Unfortunately, between working full time, caring for my son, and supporting my eldest through GCSEs, it has been a real struggle to give everything my full attention. Based on his diagnosis reports, I was naïve in thinking that further evidence wouldn’t be required.

The school is fully supportive and happy to provide written evidence, and I am also willing to obtain a psychology report. However, I’m unsure whether I can appeal to the Upper Tribunal, as technically there wasn’t an error in law,it was simply that I didn’t have the right evidence available at the time.

Please, can anyone recommend what my next steps should be?

Rachel_Scope

Hi @Khubbz and welcome to the community. I think you would need to make a new claim because as you say, there has been no error in law to take to the upper tribunal. I know that's probably not what you want to do after everything you've been through, but this time you know exactly what they require and you're familiar with the process which should make it easier.

Trevor_PIP

@Khubbz sorry how it has worked out for you Excellent advice from Rachel and can't add anymore. Don't be knocking yourself either, you did your best!

Khubbz

Thank you, I appreciate your input. It is so frustrating when you spend years fighting for something to then be let down at the end. I am not giving up, I am going to apply to the upper court and try one more time. I honestly applaud parents who are able to do all of this whilst working a full time job. I am going to spend this Christmas break researching as much as possible.

Trevor_PIP

@Khubbz Thank you. Applying to the Upper Court Tribunal is a complicated area, take some advice from https://advicefinder.turn2us.org.uk/ first to see If you can find an error of law with your Tribunal result. You could wait some time for the Tribunal date to arrive too.

Rachel and I recommend a new claim if you have missed that. Have a good Christmas with your family too.