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DLA- disappointed with result, is there anything I can do?
- chk180182
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17 hours 57 minutes ago #312592 by chk180182
DLA- disappointed with result, is there anything I can do? was created by chk180182
I applied for DLA for my (then 7 year old) son is August 23, for his inability to control his bowels, and associated anxiety and behaviour issues.
It was refused in Feb 24. I did a MR which was also refused.
I just had a tribunal last week after years of waiting- and just got a letter that he was awarded lower rate DLA from August 23-August 25. They claim that at age 10 he's able to take care of changing/showering himself so doesn't need additional care.
They sweetly ignored the fact that I need to beg, plead, cajole, bribe, etc etc him multiple times a day to take his medication, which he hates. Ignored that many nights he wakes up in pain and needs comforting, ignored that he has severe anxiety about the whole thing and needs constant reassuring, and lots of advance notice for changes in routine. Ignored that he has behaviour issues, and needs a lot of guidance and management.
I am so beyond frustrated; the tribunal felt like an interrogation to me. I really don't have the emotional energy to go through it again. On the other hand I feel they didn't take the whole picture into consideration.
Is there anything to do at this point?
I would appreciate any guidance/clarity.
Thank you.
It was refused in Feb 24. I did a MR which was also refused.
I just had a tribunal last week after years of waiting- and just got a letter that he was awarded lower rate DLA from August 23-August 25. They claim that at age 10 he's able to take care of changing/showering himself so doesn't need additional care.
They sweetly ignored the fact that I need to beg, plead, cajole, bribe, etc etc him multiple times a day to take his medication, which he hates. Ignored that many nights he wakes up in pain and needs comforting, ignored that he has severe anxiety about the whole thing and needs constant reassuring, and lots of advance notice for changes in routine. Ignored that he has behaviour issues, and needs a lot of guidance and management.
I am so beyond frustrated; the tribunal felt like an interrogation to me. I really don't have the emotional energy to go through it again. On the other hand I feel they didn't take the whole picture into consideration.
Is there anything to do at this point?
I would appreciate any guidance/clarity.
Thank you.
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- LL26
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5 hours 30 minutes ago #312627 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic DLA- disappointed with result, is there anything I can do?
Hi chk180182,
Yes, there is a right if appeal, but only on an error of law.
First, you need to write to the tribunal within 1 month if the hearing and ask for
1. The Written Statement of Reasons
2. Record of Proceedings
The latter is normally a digital recording of the whole hearing.
The former will be the full written reasons for the decision. It should explain the law applied, the evidence heard and then how the decision was reached ie how they applied the law to the facts.
If you can make a transcript this will be really helpful. (Yes tedious but will be crucial.) However, the ROP will normally be sent in a few days so use the time to create the transcript. The WSOR normally takes a few weeks possibly a month or two.
Please look here which is a previous post I wrote to explain this.
www.benefitsandwork.co.uk/forum/10-dla-e...unal?start=12#301628 ( note that this refers to PIp not DLA so the specific law isn't relevant to DLA but the concepts and method is the same )
The main thing is to look for discrepancies with what the tribunal understood as evidence bearing in mind that this can include everything in the appeal bundle as well oral evidence at the hearing. This is why the transcript is important as often you find that the tribunal rely on stuff that was never said or have become confused.
In particular look carefully at what's said about night care. Does this all tally?
DLA is awarded when disabled children have various care needs, over and above that of able bodied children of the same age. Hence there should be some tangible reference to what the 'norm' is. Have they got this right?
Next bear in mind that in order to get High Rate care you have to show sufficient care needs across both the day AND night. It is often about the amount of time spent caring, so the tribunal will need to have drawn some relevant conclusion about the time ie hours or minutes spent caring.
Once you have one or more arguable error/s of law then you can appeal.
Please ask for more advice if need be, especially when you have identified va possible error of law .
I hope this helps.
LL26
Yes, there is a right if appeal, but only on an error of law.
First, you need to write to the tribunal within 1 month if the hearing and ask for
1. The Written Statement of Reasons
2. Record of Proceedings
The latter is normally a digital recording of the whole hearing.
The former will be the full written reasons for the decision. It should explain the law applied, the evidence heard and then how the decision was reached ie how they applied the law to the facts.
If you can make a transcript this will be really helpful. (Yes tedious but will be crucial.) However, the ROP will normally be sent in a few days so use the time to create the transcript. The WSOR normally takes a few weeks possibly a month or two.
Please look here which is a previous post I wrote to explain this.
www.benefitsandwork.co.uk/forum/10-dla-e...unal?start=12#301628 ( note that this refers to PIp not DLA so the specific law isn't relevant to DLA but the concepts and method is the same )
The main thing is to look for discrepancies with what the tribunal understood as evidence bearing in mind that this can include everything in the appeal bundle as well oral evidence at the hearing. This is why the transcript is important as often you find that the tribunal rely on stuff that was never said or have become confused.
In particular look carefully at what's said about night care. Does this all tally?
DLA is awarded when disabled children have various care needs, over and above that of able bodied children of the same age. Hence there should be some tangible reference to what the 'norm' is. Have they got this right?
Next bear in mind that in order to get High Rate care you have to show sufficient care needs across both the day AND night. It is often about the amount of time spent caring, so the tribunal will need to have drawn some relevant conclusion about the time ie hours or minutes spent caring.
Once you have one or more arguable error/s of law then you can appeal.
Please ask for more advice if need be, especially when you have identified va possible error of law .
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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