Hi, my name is ImranS! Erbs Palsy and DLA

ImranS

Hi I'd like to discuss my DLA claim for my son. He was born earlier this year, unfortunately due to his size (large) he became stuck. Due to this he has had several birth injuries, Brachial plexus nerve damage, HIE and subdural hematoma. He survived over 10 mins without oxygen and had to be cooled to prevent any further brain damage. He cannot move his right arm which has had the nerve damage. The hospital advised that this disability could be life long and we await further appointments for specialist operations that he may need. We were advised that his Erbs Palsy is a disability and that we should apply for DLA. However it was rejected because at six months he doesn't require more substantial care than that of a child of similar age. So I called and asked for a mandatory reconsideration. It was again rejected and I have been advised to appeal if I disagree with them. Has anyone had a similar experience?

janer1967

Hi and welcome to the forum @ImranS

From what I haver rad about DLA claims for young children it is hard to get it as at your childs age like stated as in order to be awarded they need to have to have significantly more need of care than any other child of the same age.

Of courser any child that age needs care in evety aspect of their life

It may be worth waiting until your son is older and his care needs are more evident as a resukt of his disability

This is only my opinion and I am sure other members will advise

Cher_Scope

Hi @ImranS and welcome to the community.  I've moved your post to our PIP, DLA and AA board so it's in the right spot to get attention.

Unfortunately you don't get DLA for diagnosis alone.  You need to be able to evidence in your application how your son's Erbs Palsy is resulting in extra care and costs that other children without impairment don't face.  The best way to do that is through giving real-life examples of times you provide substantial care and what that involves.  

@janer1967's advice is useful that it might be good to wait until your son's needs are more apparent.

ImranS

Thanks, I do feel his need's are more than a child of the same age especially the physio several times a day. But take your point to maybe wait a little longer and see any changes. 

janer1967

Hi again also remember DLA would be looking to expect the condition to last at least 9 months after the aeward so maybe the fact you are not yet sure it is a lifelong disability will also be a factor to take into account

Also DLA is to provide additional finance for the extra costs a disabled person would be subject to like mobility, aids, travel, carers and so forth which at present would not be applicable

I think generally but not in all cases people claim once their children are 2 years and over and 3 for mobility

mikehughescq

Cher_Scope said:

...You need to be able to evidence in your application how your son's Erbs Palsy is resulting in extra care and costs that other children without impairment don't face. 

@janer1967's advice is useful that it might be good to wait until your son's needs are more apparent.

I’m sorry but why do care costs even enter into this discussion? The cost of care is irrelevant to a DLA claim and mentioning it serves to simply muddy the waters.

janer1967 said:

Hi again also remember DLA would be looking to expect the condition to last at least 9 months after the aeward so maybe the fact you are not yet sure it is a lifelong disability will also be a factor to take into account

Also DLA is to provide additional finance for the extra costs a disabled person would be subject to like mobility, aids, travel, carers and so forth which at present would not be applicable

I think generally but not in all cases people claim once their children are 2 years and over and 3 for mobility

I’m afraid all of this is also incorrect. The forwards test for DLA remains 6 months not 9. The idea that DLA is intended to pay for the extra costs of disability suggests that if people don’t have such costs they may not be entitled. In fact you can do whatever you want with DLA and extra coats do not feature in the claim pack or assessment. 

@ImranS a child of this age will require your attention and supervision during your waking hours and often routinely during the night. However, that attention/supervision won’t routinely be in connection with bodily functions in consequence of a disability so the first thing you need to do is to distinguish between those activities done routinely because of your child’s age and those done because of their health. The physio is an interesting example. It’s undoubtedly attention in connection with a bodily function but it may well be the case that, were your child to not have needed physio., you may have been giving them a similar amount of attention/supervision anyway because if their age. That’s the hurdle you now face on an activity by activity basis and you’re going to need specialised knowledge to get over that. The advice to claim DLA for young disabled children is often well-meaning but based on zero knowledge of DLA itself. 

You have nothing to lose from appealing and a significantly better chance of winning than at MR. Given that most children’s DLA cases end up at appeal I would urge you to get off here and get yourself some competent representation. Start with https://advicelocal.uk/

janer1967

@mikehughescq

Thanks again for correcting my advice I know you have better knowledge but would appreciate a bit more respect when you comment on my posts 

I appreciate members need to have correct info but your attitude at times is out of order 

mikehughescq

Could you highlight which bit of 

“I’m afraid all of this is also incorrect. The forwards test for DLA remains 6 months not 9. The idea that DLA is intended to pay for the extra costs of disability suggests that if people don’t have such costs they may not be entitled. In fact you can do whatever you want with DLA and extra coats do not feature in the claim pack or assessment.”

is out of order @janer1967? I haven’t been personal; haven't been abusive; haven’t breached the T&Cs and by using the phrase “I’m afraid...” have softened the observation that the post contained 3 inaccurate statements. 

I have stuck to facts. No more no less. 

janer1967

I said at times out of order not specific to this post this just was the comment that broke camels back as they say after reading some of your responses on other posts 

I wont get into a debate with you on another persons thread 

Cher_Scope

Thank you for your clarification @mikehughescq
My statement reflected DLA claim form wording that the benefit is designed to help mitigate the extra costs faced by those with impairments. 

I hope this extra information is beneficial @ImranS

mikehughescq

Yes, but unfortunately @Cher_Scope the wording on the form has no relevance to the law or how you successfully challenge a decision, which is the subject of the thread. 

It’s a thing inserted by politicians who have long insisted that disability benefits are intended to cover the extra costs of disability. That has no basis in fact for DLA, PIP or AA.

Unfortunately what you said is below 

You need to be able to evidence in your application how your son's Erbs Palsy is resulting in extra care and costs that other children without impairment don't face. 

which clearly implies that evidence of costs is relevant and should be evidence in the claim pack It is not and you do not have to. If you go on to read the rest of the form you will see not one question about costs.

janer1967 said:

I said at times out of order not specific to this post this just was the comment that broke camels back as they say after reading some of your responses on other posts 

I wont get into a debate with you on another persons thread 

I’ll politely suggest that if you have an issue you report it rather than post personal comment which is a breach of the terms and conditions of the site. If you don’t want a debate then please don’t post the comment in the first place. 

woodbine

janer1967 said:

@mikehughescq

Thanks again for correcting my advice I know you have better knowledge but would appreciate a bit more respect when you comment on my posts 

I appreciate members need to have correct info but your attitude at times is out of order 

Mike is probably the most knowledgeable benefits advisor on scope and we should all be pleased he takes his  time to help, I have never witnessed a single post from him that doesn't show respect to others, he is direct and to the point but that usually helps people who need the facts not the dressing up that some people use. Carry on @mikehughescq you do a great job !

Chloe_Scope

Hi @ImranS and welcome to the community! I just wanted to check in to see how you are getting on.