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DLA mobility for autism /adhd

griff11
griff11 Member Posts: 124 Pioneering
edited January 11 in PIP, DLA, and AA
A friend has asked for advice about the above.  Their child has HR care but standard mobility.  They really need a blue badge for their child as they have frequent melt downs where they run into road, sit down & refuse to move so have to be picked up and carried out of way of traffic- not easy as they are getting older.  If they get upset/angry/frustrated they will kick out, throw objects , hit parents.  My friend tries to park as far away from other vehicles at car parks/supermarket etc to avoid any damage to another vehicle or hoping it's quieter as impatient drivers tooting horns will scare him but this makes it difficult if she has to carry him out of venue back to car as he's fighting her and he's heavy.  He does mask his condition in school so after school is shattered and often falls asleep in car on way home.  Council will not issue badge on discretionary grounds on based on HR DLA mobility.  

They asked DWP to look at via a change I'd circumstances.  Their letter says .  


Any advice.  The DLA application had supporting evidence on his diagnosis and how it affects him plus from school where he has1:1 since reception and is currently going through new statement in readiness for secondary school.  
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Comments

  • Libby_Scope
    Libby_Scope Posts: 662

    Scope community team

    Hi @griff11

    Thanks for your post and I'm sorry to hear about your friends situation. It must be extremely challenging for them. Some of our members might be able to offer more tailored advice about next steps and what is recommended. In the meantime, I will mark your post as unanswered, so it's easier to find for our members. If your friends do decide to go through with the mandatory reconsideration, there are a lot of useful resources online, including: 
    I hope the above is helpful and let us know if there's anything else that we can do.

    Libby 
    Online Community Information Coordinator
    Scope

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  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    The letter is a standard letter. Supporting evidence re: diagnoses won’t have been needed. The key question is what is meant by “how it affects him”. Lots of people mean that symptoms were listed but this is really about real world detailed anecdotal examples. 
  • griff11
    griff11 Member Posts: 124 Pioneering
    @mikehughescq so I saw the form she completed which gave examples of daily incidents and examples of when he has meltdowns.  She thought she had to prove his autism diagnosis based on this from this leaflet:
    https://contact.org.uk/wp-content/uploads/2021/03/dla_for_children_with_autism_and_learning_difficulties.pdf

    Disability Living Allowance case law has accepted that because autism is a disorder of brain development, children with a diagnosis of autism or autism spectrum disorder will satisfy the condition of ‘arrested development’ or ‘incomplete physical development of the brain’  

    though they didn't specifically say about this in the form, they assumed decision maker would know this point.  I've said to her in future don't make any assumptions of them applying their knowledge to what you infer but don't say.   Years ago when I started work in 1981 the person training me said "don't be offended but I find the best way to impart knowledge is to treat someone like an idiot and don't assume they know basics".  

    I've only just seen this leaflet so my advice would be to to ask for MR and use the points in the leaflet and address each one with an example(s) in the letter requesting a MR. I've told her to refer to example in form and add additional ones in letter.  eg. she hadn't mentioned he has to be walked from school gate to his support worker and she collects from classroom as he finds both start and finish of school day stressful and he couldn't walk alone the short distance like other pupils his age.  

    Appreciate the advice as I have zero knowledge on DLA.
  • mikehughescq
    mikehughescq Member Posts: 8,234 Disability Gamechanger
    A simple statement of autism would have been enough as that case law has been long since settled. Outside of that it depends on the depth of examples. “I have to restrain him when we cross the road” is an assertion. Half a page of detail on what happened the last time it occurred outlining what, where, who was there, what happened, what happened next etc. is evidence. 

    The reality is that on the quiet DWP tend to let all SMI cases be determined by a tribunal. 
  • Sillymoo007
    Sillymoo007 Member Posts: 23 Connected
    My son (Autism) was awarded blue badge before he was awarded DLA. Autism NI wrote an advocacy letter and badge awarded no issues . Maybe a local Autism charity could help you ?
  • griff11
    griff11 Member Posts: 124 Pioneering
    My son (Autism) was awarded blue badge before he was awarded DLA. Autism NI wrote an advocacy letter and badge awarded no issues . Maybe a local Autism charity could help you ?
    Thank you. That's a great idea even though LA said they've no discretion I don't believe this is true so I might call on a friendly local councillor.  

    @mikehughescq. I get what you say about evidence.  

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