DLA High Rate Mobility for severe mental impairment

Youngibb82

Hi everyone, I'm in the process of appealing the DLA decision to drop my son's DLA award from High rate mobility to Lower rate. Currently awaiting the 'appeal bundle'. I'm new to these kind of forums and have to say I like a fish out of water typing this but I'm looking if anyone can offer any advice in this area as I really don't know what other evidence I can provide to support his case. 
My son is 11 years old and has Downs Syndrome. He has always been in receipt of both the high rate care and high rate mobility. I reapplied last year and was told in December that he is still entitled to high rate care but lower rate mobility. I asked for a mandatory reconsideration as I feel his behavior meets all the necessary criteria. ie extreme, disruptive, could cause harm to himself and others etc.
The problem I have had though, I had to submit and old EHC plan from 2017 (Apparently Oldham Council don't update them until they transition to their next school) and so does not reflect his behavior properly and paints and over positive picture of him as he has always suffered from poor muscle tone but slowly getting stronger and much more spirited shall we say. His 1 to 1 teacher made a statement which describes how he needs constant attention for this reason and how they are supposed to be doing more community based work with him but cant as he refuses to walk,sits down, wants to touch passing cars and attempts to step into the road. In school he swipes and throws things off the desk. He also constantly wants to chew his fingers and has to be physically as well as verbally stopped from doing so. At home   His doctor has put a letter just recently to support this so I'm hoping it will help. Just wondered if anyone else is or has been in a similar situation and can offer any advise? Thank you for reading.     
                                

janer1967

@Youngibb82 Hello and welcome to the community, I am sorry to hear you are having to go to tribunal for your son. 
Im not really an expert in this field but I am sure other members will be able to give you some advice.
When I attended tribunal I just went through the pack and highlighted the areas I was in disagreement to and why I disagreed, there was no further evidence I submitted. Of course the more you can submit the better, but I would advise that attending in person and preparation is key.

Also be aware there are loing waiting times for tribunals in excess of 12 months so you should have plenty of time to prepare,. I wish you good luck and keep us updated  

Youngibb82

Thank you for your reply, yes until reading the posts on this website I didn't realize the waiting times were so long. Its dreadful that people should have to wait this amount of time. I would definitely like to attend in person just to ensure his case is addressed properly and nothing is overlooked and ignored as I feel that is whats happening. Thank you 

Chloe_Alumni

Hi @Youngibb82, just wanted to check in to see how things were going.

Youngibb82

Hi Chloe, Waiting on an appeal bundle at the minute. Victor Godded is helping with the tribunal.
Thank you for asking ?

Youngibb82

Sorry should have said. Victor works for welfare rights so it's good to have that support at least. Looking at Asa's behaviour, school and myself feel he should have dual diagnosis of Autism and Down Syndrome and so trying to get this diagnosis to support his case and access other avenues of help for him.

Youngibb82

Hi there, so weird...just received appeal bundle today....I felt my heart beating through my chest getting all worked up again reading through it. Asa i's being referred for dual diagnosis Down Syndrome and autism so I'm hoping this maybe the missing part of the jigsaw which will support his case. X

Chloe_Alumni

I really hope it all works out @Youngibb82!