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DLA Tribunal next week, I am somewhat terrified

proud twin mummy

Back in January I made a claim for DLA for my son and was outright refused, on reconsideration again refused and we now have the tribunal appeal hearing next week.

I am so worried about it although i have nothing to lose as the claim was outright refused but being face to face with 3/4 people discussing my sons complex needs really does seem daunting.

Is it common to be refused outright on your first ever claim?

Reasons for decision were:

Refusal to walk is a conscious choice & and nursery indicate thats support is required sometimes but nothing that would amount to more then an hour a day.

Do I have to go in that room and just argue against these issues or just say what day to day is like? Refusal to walk is mobility which was not expecting anyway so it seems he was refused based an a playschool report alone as the only evidence.

Any advice welcome, thank you xx

Parents

  • You need to show how he is impaired, so that could be higher risk of danger due to his behaviours that are specifically autistic.

    I don't know why they cite refusing to walk as a conscious decision.  It is a conscious decision most likely made because of his autism, and actually as it's a neurological condition I think that is unfair.  But as they have said it needs to involve assistance for more than an hour a day and the nursery have said it doesn't this is a key issue.  Perhaps if he also does this behaviour outside of nursery and it involves additional time there, it does add up to more than an hour and therefore they are prejudiced against your parental input, by only using the nursery's information.  That could be used as argument.

    If washing/bathing him takes longer than it does an NT child the same age, because he has sensory issues and meltsdown, you can use that too, as even though another toddler would need a parent doing those things they wouldn't as a rule have a massive problem with it and they don't have autistic behaviours making it take longer.

    If he needs more restraining outside than an ordinary toddler that could be used.  I can't really think of anything else.

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  • You need to show how he is impaired, so that could be higher risk of danger due to his behaviours that are specifically autistic.

    I don't know why they cite refusing to walk as a conscious decision.  It is a conscious decision most likely made because of his autism, and actually as it's a neurological condition I think that is unfair.  But as they have said it needs to involve assistance for more than an hour a day and the nursery have said it doesn't this is a key issue.  Perhaps if he also does this behaviour outside of nursery and it involves additional time there, it does add up to more than an hour and therefore they are prejudiced against your parental input, by only using the nursery's information.  That could be used as argument.

    If washing/bathing him takes longer than it does an NT child the same age, because he has sensory issues and meltsdown, you can use that too, as even though another toddler would need a parent doing those things they wouldn't as a rule have a massive problem with it and they don't have autistic behaviours making it take longer.

    If he needs more restraining outside than an ordinary toddler that could be used.  I can't really think of anything else.

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