Hi, my name is mishpeo88 tribunals appeal

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mishpeo88

Hi looking for info and in sight. My son have serve learning difficulties and can only process one thing at a time, have behaviour problems. No sence of danger. And have minimum single words, he also on top asthma medication for his age and has been for 2 years. He been gave mid rate care, I’ve appealed as I sent diagnosed reports In stating he needed constant supervision and he falls over 20 -30 times a day due to him only process one thing at one time and easily distracted. This was a report from cdc but didn’t say anything in report about asthma due it being about his learning difficulties. I also sent his list of medicines and when he needs them night time to help with asthma attacks. But this isn’t good enough they want it in black and white. So now I’ve got to get a letter from gp. My question is when I send my evidence online do I need to send it to dla. And do you think they will change there mind, I’m waiting for there response, would it be while they doing this or after they sent there evidence.

poppy123456

To be entitled to high rate care he will need to have day time and night time needs.

The higher rate care component is for children who have both daytime and night-time needs (see explanation below).

To satisfy a daytime test your child must need either of the following:

• frequent help with personal care throughout the day (ie, several times – not once or twice but three times or more). This would be active help needed because of their disability and includes personal actions and anything to do with the body and how it works.
• someone to check on them continually (ie frequently or regularly but not non-stop) throughout the day to make sure that they are safe and to avoid substantial danger to themselves or others.

To satisfy a night-time test your child must need one of the following:

• help with personal care at least twice a night, or once a night for at least 20 minutes
• someone to check on them at least twice a night, or once a night for at least 20 minutes, to make sure that they are safe and to avoid substantial danger to themselves or others.

Do those apply to your son?

Any extra evidence you have needs to be sent to HMCTS and not to DLA. Before they respond they look at the evidence again and sometimes make an offer of an award but it's rare they do this so please don't expect it to happen.