DLA court tribunal oral hearing, advice please.

I received a letter from the tribunal services that by reqest for a paper heaing was changed by the judge to oral, no date yet set.

i made my initial claim last august despite my son not yet having a formal diagnosis.  He has Aspergers our local language and speech therapist confirmed this with a few tests and sees him regularly.  He is high functioning but we have to watch him constantly due to sensory issues, naivety anxiety etc.

He is fine alot of the time at home just us and our little family unit of his Dad and i and his pets!  issues are more obvious when out as he likes routine gets anxious and easily excitable so little road safety.

I do not really want to go to the court but i know we would stand a better chance of succeeding if i did.  i wonder if that is why the judge changed my case to oral hearing as i had little evidence as no formal diagnosis.  The Drs letter said he was on no meds but he was aware i had started homeschooling due to issues.  The speech therapist stated it affects him on a daily basis.

i assume they will want to ask me questions?  Will i have to prepare more for my case for my son? 

We were desperate for financial help that is why i applied before diagnosis, We did commence formal diagnosis but then pulled out as my husband is still unsure the effects of a label might have on my son even with the positives it is still a heavy burden to bare for a seven year old.  We tell him he is differnet in a good way a push the positives of how his brain works but have not mentioned Aspergers yet, I have read umpteen books on the subject as i feel knowledge is a great help to understanding and helping our son.

Is my son entitled to DLA?  I know he is not and never will be like other children of the same age and yes he can could be a possible danger to himself and others sometimes.

My main reason for going to the tribunal was that a main piece of evidence from the language therapist was not received by them and hence they based there diagnosis on my and the Drs report only, the Dr stated he had never been asked for help regards Aspergers?  He has not because he would be no help, i discussed it once and he said he did not belive in labels, a second time after a nasty accident involving stiches for my son flagged up his pain tolerance and agin he just shrugged the idea off, so i realised then no point in asking him.  If i want advice i normally come onto this site or internet and buy a book! 

Anyway i am getting off the point any advice on should i go? and what to expect.

Thank you

Puffin

Any advice on what to say, i will prepare but wondered what other peoples experiances were?  I have no representative it will just be me, feeling sick at the thought already!

Parents
  • I don't know because I didn't have to go down this route but I think I would go the CAB and ask them for legal advice and maybe see if there is someone that could go with you?

    My daughter got her DLA before her formal diagnosis but the GP had a lot of information about her problems and seemed to understand the difficulties having had his own family experience of ASD.  Also, the senco went through her part of the form with me that she wasn't clear about (road safety etc) and as she'd been the one to tell me to apply, she was really gunning for us to get it.

    I hope you are successful.  This has been a godsend for my daughter.

Reply
  • I don't know because I didn't have to go down this route but I think I would go the CAB and ask them for legal advice and maybe see if there is someone that could go with you?

    My daughter got her DLA before her formal diagnosis but the GP had a lot of information about her problems and seemed to understand the difficulties having had his own family experience of ASD.  Also, the senco went through her part of the form with me that she wasn't clear about (road safety etc) and as she'd been the one to tell me to apply, she was really gunning for us to get it.

    I hope you are successful.  This has been a godsend for my daughter.

Children
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