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Higher rate dla for my 6 yr old

kellzlogan1kellzlogan1 Member Posts: 3 Listener
edited April 2018 in PIP, DLA and AA
Hi my son who is 6 has just lost his higher rate dla. Had to hand my motability car back and they say he is only entitled to medium and lower. He has an amputated foot from an accident in 2015  and wears a splint. the purpose of the splint is only to keep his shoe on. This disability is life long and he in the future will need it amputated from the ankle. The surgeons saved as much as they could but it's causing more problems on a daily basis. I asked for a mandatory reconsideration and they said he is not entitled to higher rate any more. In my understanding you only get higher rate if u have a lifetime disability and have problems with walking which my son has but they still won't give him it. Any advice would be appreciated as I've been fighting this for 6 months.  

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    This link may help you. https://www.disabilityrightsuk.org/disability-living-allowance-dla

    You have 1 month from the date of the MR decision to request the Tribunal, of that's what you decide to do. You'll need to fill out an SSCS1 form and send it to the Tribunal, these can be printed online or obtained from your local CAB. Good luck.

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • kellzlogan1kellzlogan1 Member Posts: 3 Listener
    Thankyou for your reply. 
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    Hi @kellzlogan1
    I am so sorry to hear you are going through this stress.  You can go to tribunal appeal after a MR and we have some videos that might help



    Let us know if we can help any further
    Scope
    Senior online community officer
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger
    This information from the CAB may be useful too.

    Complete the appeal form

    Fill in an appeal form, called SSCS1. You can get a copy of SSCS1 and guidance notes  from GOV.UK. Make sure you complete the whole appeal form otherwise your appeal could be rejected.

    Explain why you’re appealing

    The most important part of the form is Section 5: Grounds for appeal. In this box you need to give the specific reasons why you disagree with the decision.

    Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.

    You might have done this already for your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.

    You should also look at the points system the DWP uses (called descriptors) to assess PIP claims to see where you might get more points. It's important to use the right evidence. You can look at our guide to how the DWP makes a decisionto help you.

    You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the box and attach any papers securely to the form.

    Tribunals can look at your whole award again. So you should consider whether you risk losing your current award - for example, if you've got evidence to support a daily living component but might lose your mobility award because you can now move better. If you're not sure, you should get advice from your nearest Citizens Advice.

    Scope
    Senior online community officer
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sam_Scope said:
    This information from the CAB may be useful too.

    Complete the appeal form

    Fill in an appeal form, called SSCS1. You can get a copy of SSCS1 and guidance notes  from GOV.UK. Make sure you complete the whole appeal form otherwise your appeal could be rejected.

    Explain why you’re appealing

    The most important part of the form is Section 5: Grounds for appeal. In this box you need to give the specific reasons why you disagree with the decision.

    Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.

    You might have done this already for your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.

    You should also look at the points system the DWP uses (called descriptors) to assess PIP claims to see where you might get more points. It's important to use the right evidence. You can look at our guide to how the DWP makes a decisionto help you.

    You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the box and attach any papers securely to the form.

    Tribunals can look at your whole award again. So you should consider whether you risk losing your current award - for example, if you've got evidence to support a daily living component but might lose your mobility award because you can now move better. If you're not sure, you should get advice from your nearest Citizens Advice.

    It's a Childs DLA award the other person wanted advise about and not PIP. They are completely different and both have completely different criteria.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,729 Disability Gamechanger


    Thanks for pointing this out! This is the link for child's DLA.


    When you can appeal to a tribunal

    You can appeal against any decision made about the DLA claim for your child. Some of the most common reasons are if:

    • you didn’t get awarded DLA
    • you got a lower rate of DLA than you expected

    The tribunal can’t consider whether your child's condition has got worse since the decision you’re challenging was made. If your child's condition does change and they need more care or supervision, then you’ll have to make a new claim.

    To appeal to a tribunal, you’ll need:

    • your letter from the DWP with the words ‘Mandatory Reconsideration Notice’ at the top - if you’ve lost it, ask them for a new one
    • to send your appeal form in within 1 month of the date shown on the mandatory reconsideration notice

    The process can be draining but it’s worth remembering that many DLA decisions are overturned by the tribunal. It’s worth appealing to a tribunal if you think their decision is wrong.


    Fill in the appeal form

    Fill in an appeal form, called SSCS1. You can get the SSCS1 form and guidance notes from GOV.UK. Make sure you complete the whole appeal form otherwise your appeal could be rejected.

    Explain why you’re appealing

    The most important part of the form is ‘Section 5: Grounds for appeal’. In this box you need to give the specific reasons why you disagree with the decision.

    Use your decision letter and mandatory reconsideration notice to list each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.

    You might have done this already when you wrote your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.

    You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the Section 5 box and attach any papers securely to the form.

    Scope
    Senior online community officer
  • sue66sue66 Member Posts: 124 Pioneering
    Hi my son who is 6 has just lost his higher rate dla. Had to hand my motability car back and they say he is only entitled to medium and lower. He has an amputated foot from an accident in 2015  and wears a splint. the purpose of the splint is only to keep his shoe on. This disability is life long and he in the future will need it amputated from the ankle. The surgeons saved as much as they could but it's causing more problems on a daily basis. I asked for a mandatory reconsideration and they said he is not entitled to higher rate any more. In my understanding you only get higher rate if u have a lifetime disability and have problems with walking which my son has but they still won't give him it. Any advice would be appreciated as I've been fighting this for 6 months.  
    So sorry, yet another victim of injustice and on DLA as well, this does surprise me.
    As you rightly stated  "In my understanding you only get higher rate if u have a lifetime disability and have problems with walking which my son has but they still won't give him it"    This clearly  is a life time disability and obviously affects his walking ability, Whats there not to understand hear. Why so much injustice. Hope you get what he deserves and thats to gain back the higher amount of DLA. This is appalling .
  • kellzlogan1kellzlogan1 Member Posts: 3 Listener
    Hi it truly is a disgrace. It's so stressful I think I won't even apeal the decision because it has drained the life out of me. 
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