Hello, help with DLA Mobility please

srkflynn · February 2020

Hi everyone
My name is Steve and a single parent to my son who is 15 and severely Autistic.
My wife passed away 10 days before Christmas, having battled with cancer for a year. She was prior to that his carer and homeschooling him as he could not cope with the 2 schools we had tried, he is very sensitive.
I have not worked for a year but my job is being kept open for now, my employer has been amazingly supportive which has been one less thing to stress about.
I have contacted social services for help and also the council regarding his home education, they have been absent really for the past 2 years. They have admitted to me that once you take your child out of school, you will struggle to get support as their resources are so stretched.
So I find myself as his full time carer and trying to educate him as well, which is extremely tiring as he needs 24/7 care and support. I'm not a teacher so doing what I think is best for his level of understanding.
I have finally got I believe all the DWP benefits in place, but I wanted to ask everyone about the DLA mobility element. I have been declined twice in the past 5 years, appealed again in January and have had a "Mandatory Reconsideration Notice " back which still upholds their decision not to award. My appeal letter had specific examples of how he is totally unaware of danger and how he has run into cars in car parks and almost into roads had I not kept hold of him so tightly. His behaviour can be totally unpredictable so when our he is in danger at all times so j cannot take my eye off him for a second. They provided the detail of how someone who is "Severely Mentally Impaired" can qualify and he meets all the elements of this criteria, yet they said my appeal letter provided no evidence of how he is a danger to himself!
My next step is a tribunal. Has anyone had experience of going through this and can offer any advice please?
When I first rang Scope Carolyn who I spoke to kindly suggested I keep a diary of daily events as evidence for the tribunal

Thanks

poppy123456 · February 2020

HI and welcome,

I'm sorry to hear about your wife!

You say your son is 15, this means that on or around his 16th birthday he will be invited to apply for PIP because DLA no longer exists for those aged 16 and over.

For the DLA mobility then i'd advise you to write a supporting letter explaining how he is when outside. Do you have a family member or friend that could also do the same? I agree about the diary advice and this will be very useful for the Tribunal hearing.

Are you getting some help from an advice agency near you for the Tribunal hearing? See this link and put your postcode in to see what's local to you. https://advicelocal.uk/

Waiting times for hearings are huge across most of the country so you could be waiting as long as a year for a hearing date.

Hope this helps a little. Good luck.

srkflynn · February 2020

Thank you Poppy123456

I have not researched PIP at all and really wanted to try to get the higher rate f DLA before his 16th birthday in October.

Thank you for the suggestion of a family member doing the same, that's a good idea, the the local advice service. I will also try CAB

Kind regards

poppy123456 · February 2020

You're welcome. My knowledge regarding DLA is very limited and is the only benefit that i really don't know much about to be honest because i never did do any research for that like i have with all the other benefits. I do know that claiming for the high rate mobility if you don't have a physical condition is very difficult.

You say you've been trying to claim it for 5 years, have you taken it as far as Tribunal before or is this the first time?

Although a lot of people think that PIP is a difficult benefit to claim, lots of people claim it without any problems at all. Claiming the Enhanced rate of mobility is definitely possible when the time comes, even with the limited information you've given here. As he won't automatically be transferred across and if he is awarded high rate mobility for DLA this won't help the PIP claim, just so that you're aware of that.

If you have a welfare rights or a law centre near you then i'd recommend contacting one of those for help with the DLA.

Best wishes.

srkflynn · February 2020

Yes the first time taking it to tribunal. Chances are by the time I get a date he could be 16!
That is for the information

poppy123456 · February 2020

Yes that could well happen but the Tribunal for the DLA will continue and if he is awarded the high rate mobility then it will be backdated to the date the original decision was made. Whether that was a review or a change of circumstances.

srkflynn · February 2020

Good to know thanks

Hello, help with DLA Mobility please

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