hello tribunal help

gkay

hi what is the next step for me after my son has been refused disability after a tribunal thanks graham

CockneyRebel

Hi Graham

Following an unsuccessful tribunal decision you can appealto the upper tribunal only if an error in law has been made. You should ask for a statement of reason and seek trained advice.

Or if there is no award in payment you can reapply

CR

gkay

thanks cockney i wouldn't know if there was an error in the law , all i thought i knew is that my son was disabled but now i really dont know what disabled means anymore , he suffered bilateral cystic at birth brain damage with his left brain damaged more than his right so has hemiplegia more to his right side body and has trouble with lots of things , eg can't walk far cause of the damage it's doing to his hips ,and the pain he has ,so  his physiotherapists advised wheelchairservices to give him a buggy he's unsteady when he is up on his feet and forever falling , there are many things wrong with him ( i don't like talking about my son this way im not putting him down and it's not his fault) he has to have a bath seat as hes unsteady sat in the bath has wears a splint on his right foot has special eating utensils cause of his right hand being worse than than his left side hes now 4 years old and hes showing signs of autism but not fully diagnosed yet but the nurses he sees and the doctor he at the hospital he had for the first 12 months think there's something there , anyway i tried claiming disability for him and was refused twice been to this tribunal and was also refused,im really starting to think it's all in my head and he's perfectly fine and it's normal ,even tho i have a little girl who's only a year older ,and didn't need nowere near the amount of care and attention he needs when she was his age , sorry for the long message he has more issues , but im thinking what's the point thanks graham

CockneyRebel

Hi Graham

No worries we are here to listen and help, sometimes just a rant goes a long way

Have you tried getting help from CAB or similar ?

I am sure some of our parents will be able to advise better

CR

BenefitsTrainingCo

Hi gkay 

Entitlement to Disability Living Allowance does not determine whether or not your child is disabled - it merely assesses entitlement to benefit.

This can be more difficult to assess, and more difficult to prove in young children, because the requirement of the care and supervision needs is that they   must be 'significantly more' than those of a child without a disability, and the level of assistance that all young children need with their care needs and supervision, regardless of whether they are disabled, can be quite a bit.

That's not to say that in your case your child's care and supervision needs are not significantly more - it may be the case that the Tribunal has not made a good decision - it happens, and it's worth getting this checked out by a benefits specialist.

Try your local CAB as CR suggests, or see if your Council have a Welfare Rights service that could assist?

Kind regards,

Mary

gkay

Thank you Mary ive spoke to cab they told me to appeal there decision and to get the reasons for refusal, the first refusal they said because he didn't need hospital treatments when he falls , the second was because he can walk 50mtrs , it would be nice if he could , thank you for the help