PIP, DLA and AA
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Preparing for DLA appeal.

mariewitch66mariewitch66 Member Posts: 5 Listener
edited April 2018 in PIP, DLA and AA
I have now received the pack from the DWP for the appeal it basically says my son ’prefers’  to have someone with him outdoors so does not not need supervision. Such a lie how can  they speak for a child who has no input? I’m confused because all the evidence they have says he is unaware of danger, has delayed development etc. The reason stated for the award last year was because he was a danger to himself whilst outdoors. I am hoping the GP can help me. Diagnosis of 8 conditions and no recent specific help that is required. 12 doses of meds a day that he cannot do by himself, apparently takes a couple of minutes. I have been shown some really useful information so will persevere. He has rare conditions so not even sure how to deal with the appeal without really detailed explanations of his care needs without professional input. Diagnosis and development tests are not recent. Will take 12 months to be seen again by specialists. Will give it my all for my amazing son who suffers daily and keeps smiling. I am focusing on why he needs help, how often  and I am looking at what the law says. Thanks for advice so far.

Replies

  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    Please see other threads on here. Plenty of good advice. However, you can by and large ignore the DWP submission. It’s a template constructed from many standard paragraphs. You’ve just quoted one of them. It’s deruved from a largely discredited piece of case law and you can just focus on your side of the equation. 

    At this stage you really should be securing yourself representation to improve your chances of winning.
  • fishingmumfishingmum Member Posts: 562 Pioneering
    I am currently going through mandatory reconsidration for my son and depending on the outcome, I am preparing myself for an appeal. Did you go through mandatory reconsideration first?
    life is too short to let others make you miserable.
  • mariewitch66mariewitch66 Member Posts: 5 Listener
    Yes did the mandatory reconsideration and wish that I had more time to get a letter from someone with his specific needs. Diagnosis is not enough and as a child gets older so does the paperwork. I put as much relevant detail as possible. I am going to spend the next week reading and preparing. My eldest son is representing me and is looking at the law side whilst I focus on the needs. Thank you for the advice my local CAB will help check that I am prepared. I feel happier knowing that the reply from the DWP was standard. I wish you well with your mandatory reconsideration.
  • fishingmumfishingmum Member Posts: 562 Pioneering
    @mariewitch66 my doctor wrote me a letter confirming diagnosis and stating severe mental impairment. So far falling on deaf ears apparently autism goes away with age, so going on the attitude I am thinking I will have a bit of a fight on my hands. Good luck with your appeal hope it goes well. I am now keeping a daily diary of what I have to do extra for his needs s I have a feeling I am going to need it.
    life is too short to let others make you miserable.
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    Your doctors letter is irrelevant. The diagnosis is not relevant. The functional impact of the diagnosis is the only thing which is. Your doctor can’t comment on that. Only you can.
  • fishingmumfishingmum Member Posts: 562 Pioneering
    @mikehughescqunfirtunately even though I have put down the amount of times we are up, the problems with toileting, washing eating etc apparently they do not think it is enough. My son can not go anywhere on his own and needs someone with him to stop him walking out onto roads in front of other people, someone to pull him off a road in the middle of a meltdown etc but apparently it is not severe enough. My son will never be able to look after himself, and to be honest I worry more about when I am dead.
    life is too short to let others make you miserable.
  • mariewitch66mariewitch66 Member Posts: 5 Listener
    Just realising the struggle people face. Just found part of the DWP reply wedged at the back upside down. Shocking  it states he can stay safe by not eating. Surely most children eat. Can avoid allergens (anaphylaxis care plan states allergies unknow.)They mention medications when they have no medical training. Lies are multiple. Anyone dealing with a mandatory reconsideration or appeal be aware of many lies in their paperwork it will be your effort to to dismiss the lies. 
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