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dla to appeal or make new claim?
- helen
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11 years 9 months ago - 11 years 9 months ago #109460 by helen
dla to appeal or make new claim? was created by helen
Please be gentle with me, i am a newbie!
i applied for dla for my 8 year old son in may, was turned down so i asked for a reconsideration. i received a lettter saying the decision was upheld on 8th august, but if i wished i could appeal
at the point of claiming my son had the diagnosis of developmental coordination disorder, hypermobility hypotonia and general anxiety.
he needs assistance to dress in the right order, and not back to front, needs help in and out of the bath, he cant wipe his own bottom and often sits on the loo for up to an hour, needing constant reassurance.
he cant walk far -approx two busstops - before he is in real pain, so we bus most places, falls regularly at least 5 times a week,bumps into things and has poor spatioal and distance awareness, so is not safe near roads. he never plays out without me. in fact he never plays in the house without me, always needing my full attention. i do physio exercises and ot exercises daily with him, he has calpol a couple of times a day for pain and i have to gently massagt e stiffness.the pain to ease the stiffness This wakes him at least once a night and calpol and massage is given.
he is a very poor sleeper and it takes my husband and i at least an hour to soothe him to sleep.he cannot settle alone. he wakes at least once, due to pain, normally twice sometimes to use the loo, sometimes as hes wet the bed, and each time he wakes it takes about a half hour to settle him to sleep.
he is very bright but is way behind due to his very slow and untidy handwriting. he is taken out of class several times a week for lessons with a ta.
taking him to school is a nightmare due to his anxiety, we are often over an hour late as he refuses to go, and i often have to drag him to school and have him peeled off me by a ta. he cannot manage to go into school the regular way so we are met at the office by a ta
i put all this on my form, enclosed what little paperwork i had from the paed, ot physio and gave permission for them to contact anyone necessary
it seems they only contacted the school
i dont know exactly what was said, but it mustnt have been very helpful....
in the meantime the appt has come for james to be seen by camhs.....they think he has autism and he has been refered to be assessed by a clinical psychologist.
i rang yesterday to ask for the appeal form and a statement of reasons, she said id need the forms to be in by the 9th septembe.
sorry to drone on,, but in your opinion is it worth appealing, to me james needs far more help than his classmates.
or should i give up?
or make a fresh claim?
and if i do appeal, where will i find a representative?
should i approach my gp for a letter - i know id prob have to pay?
thanks for your patience
helen
i applied for dla for my 8 year old son in may, was turned down so i asked for a reconsideration. i received a lettter saying the decision was upheld on 8th august, but if i wished i could appeal
at the point of claiming my son had the diagnosis of developmental coordination disorder, hypermobility hypotonia and general anxiety.
he needs assistance to dress in the right order, and not back to front, needs help in and out of the bath, he cant wipe his own bottom and often sits on the loo for up to an hour, needing constant reassurance.
he cant walk far -approx two busstops - before he is in real pain, so we bus most places, falls regularly at least 5 times a week,bumps into things and has poor spatioal and distance awareness, so is not safe near roads. he never plays out without me. in fact he never plays in the house without me, always needing my full attention. i do physio exercises and ot exercises daily with him, he has calpol a couple of times a day for pain and i have to gently massagt e stiffness.the pain to ease the stiffness This wakes him at least once a night and calpol and massage is given.
he is a very poor sleeper and it takes my husband and i at least an hour to soothe him to sleep.he cannot settle alone. he wakes at least once, due to pain, normally twice sometimes to use the loo, sometimes as hes wet the bed, and each time he wakes it takes about a half hour to settle him to sleep.
he is very bright but is way behind due to his very slow and untidy handwriting. he is taken out of class several times a week for lessons with a ta.
taking him to school is a nightmare due to his anxiety, we are often over an hour late as he refuses to go, and i often have to drag him to school and have him peeled off me by a ta. he cannot manage to go into school the regular way so we are met at the office by a ta
i put all this on my form, enclosed what little paperwork i had from the paed, ot physio and gave permission for them to contact anyone necessary
it seems they only contacted the school
i dont know exactly what was said, but it mustnt have been very helpful....
in the meantime the appt has come for james to be seen by camhs.....they think he has autism and he has been refered to be assessed by a clinical psychologist.
i rang yesterday to ask for the appeal form and a statement of reasons, she said id need the forms to be in by the 9th septembe.
sorry to drone on,, but in your opinion is it worth appealing, to me james needs far more help than his classmates.
or should i give up?
or make a fresh claim?
and if i do appeal, where will i find a representative?
should i approach my gp for a letter - i know id prob have to pay?
thanks for your patience
helen
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago #109464 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla to appeal or make new claim?
Helen
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I am afraid it is beyond our remit to offer advice in regard to what actions you should take, but we can inform you of what actions you might take.
Whether you should appeal or make a new claim is not an either/or, you can do both, although you need to be aware that any Decision from a new claim will limit the result from an appeal, so if a Tribunal finds for you and the new claim does not award, then the latter will take precedence.
A new claim for DLA will typically take 13 weeks to process, it will be a complete restart, new forms and you will need to re-present all your evidence again, the diagnosis will be included without question.
An appeal make take as long 10 months to be heard, you can add additional evidence but is must be clear that it relates to you sons health as it was at the time of the Decision being appealed, I can see no reason why this latest (potential) diagnosis should not be included, but you should make sure any reports indicate that that the condition would have been present at that time.
In regard an appeal
Have a look at our DLA Appeal Guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
I would also recommend you review our DLA Claim Guides
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
and the following FAQs
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have further questions, please reply to this post.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I am afraid it is beyond our remit to offer advice in regard to what actions you should take, but we can inform you of what actions you might take.
Whether you should appeal or make a new claim is not an either/or, you can do both, although you need to be aware that any Decision from a new claim will limit the result from an appeal, so if a Tribunal finds for you and the new claim does not award, then the latter will take precedence.
A new claim for DLA will typically take 13 weeks to process, it will be a complete restart, new forms and you will need to re-present all your evidence again, the diagnosis will be included without question.
An appeal make take as long 10 months to be heard, you can add additional evidence but is must be clear that it relates to you sons health as it was at the time of the Decision being appealed, I can see no reason why this latest (potential) diagnosis should not be included, but you should make sure any reports indicate that that the condition would have been present at that time.
In regard an appeal
Have a look at our DLA Appeal Guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
I would also recommend you review our DLA Claim Guides
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
and the following FAQs
How long do I have to appeal?
How to submit an appeal
DLA Medical – What forms to ask for?
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
MOJ Video of ESA Appeals Process and Tribunal
If you have further questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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