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DLA APPEAL TRIBUNAL HEARING HELP NEEDED
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9 years 11 months ago - 9 years 11 months ago #122351 by A&D
DLA APPEAL TRIBUNAL HEARING HELP NEEDED was created by A&D
Hello
We are appealing against a decision of a Lower Rate Mobility Component of the DLA as we think that our Son should be getting the Higher Rate of the Mobility Component.
Firstly we would like to explain the whole situation. Our Son has William's Syndrome which resulted a global developmental delay (he has some Autistic feautures which are associated with William's Syndrome). Altough he can walk, he walks on tiptoes and has balance problems which has been confirmed in his statement of education and by other specialists. He also does not understand any danger nor can judge the oncoming vehicles speeds etc. which is also a feature of Williams Syndrome.
Walking longer distances without a pushchair is not possible due to him getting tired very quickly. He also has a heart problem called Supravalvural aortic stenosis. He is still in nappies therefor we always have a lot to carry around with him when out and about. He does not have a common sense which is also part of the Williams Syndrome he does not understand that going out on a road would be a risk of being hurt by the moving vehicles he has to be supervised all the time as he can run off in a random direction and he does not understand that he can get lost.
We are receiving the Higher Rate Care Component of the DLA for him and last year about May time we had to renew so we also received the Lower Rate of the Mobility Component. We have sent in a letter that we disagree with the decision but at a second look to the case DWP has stood up their decision. They have sent us the tribunal appeal documents. Which we have completed and sent to the tribunal. In about a month we have our hearing.
In the meantime whils waiting for the hearing date we have managed to get a blue badge for our Son for which he had an assesment with the council.
We also managed to get a specialist pushchair from the NHS Mobility Centre as he has outgrown all the ordinary pushchairs now.
We also bought him a Golden Retriever to help his development as the Dog benefits him a lot.
We really think that he should be getting the Higher Rate of the Mobility Component.
Our question is how can we prepare for the hearing and also what sort of letter should we send in before the case is heard.
We would like to mention to the tribunal that we would like to use his Mobility Component towards motability so that he has a more comfortable way of travelling anywhere as we try to take him out as much as we can. Our current circumstances does not allow us to purchase a newer car and we had to change our car a couple of times during the last 2 years as the old ones broke down.
We would appreciate all the help.
We are appealing against a decision of a Lower Rate Mobility Component of the DLA as we think that our Son should be getting the Higher Rate of the Mobility Component.
Firstly we would like to explain the whole situation. Our Son has William's Syndrome which resulted a global developmental delay (he has some Autistic feautures which are associated with William's Syndrome). Altough he can walk, he walks on tiptoes and has balance problems which has been confirmed in his statement of education and by other specialists. He also does not understand any danger nor can judge the oncoming vehicles speeds etc. which is also a feature of Williams Syndrome.
Walking longer distances without a pushchair is not possible due to him getting tired very quickly. He also has a heart problem called Supravalvural aortic stenosis. He is still in nappies therefor we always have a lot to carry around with him when out and about. He does not have a common sense which is also part of the Williams Syndrome he does not understand that going out on a road would be a risk of being hurt by the moving vehicles he has to be supervised all the time as he can run off in a random direction and he does not understand that he can get lost.
We are receiving the Higher Rate Care Component of the DLA for him and last year about May time we had to renew so we also received the Lower Rate of the Mobility Component. We have sent in a letter that we disagree with the decision but at a second look to the case DWP has stood up their decision. They have sent us the tribunal appeal documents. Which we have completed and sent to the tribunal. In about a month we have our hearing.
In the meantime whils waiting for the hearing date we have managed to get a blue badge for our Son for which he had an assesment with the council.
We also managed to get a specialist pushchair from the NHS Mobility Centre as he has outgrown all the ordinary pushchairs now.
We also bought him a Golden Retriever to help his development as the Dog benefits him a lot.
We really think that he should be getting the Higher Rate of the Mobility Component.
Our question is how can we prepare for the hearing and also what sort of letter should we send in before the case is heard.
We would like to mention to the tribunal that we would like to use his Mobility Component towards motability so that he has a more comfortable way of travelling anywhere as we try to take him out as much as we can. Our current circumstances does not allow us to purchase a newer car and we had to change our car a couple of times during the last 2 years as the old ones broke down.
We would appreciate all the help.
Last edit: 9 years 11 months ago by Gordon.
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9 years 11 months ago #122356 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA APPEAL TRIBUNAL HEARING HELP NEEDED
A&D
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To be successful at the Tribunal you need to show that your son meets the criteria for DLA Higher Rate Mobility.
You will need to show that he is unable to walk or that he is virtually unable to walk, based on your post I think it unlikely that he will meet the first criteria but he may meet the second.
Being virtually unable to walk covers three primary areas, you can qualify if he meets any one of them. He needs to be considered
- unable to walk more than 50m without severe discomfort or fatigue
- his manor of walking makes him liable to stumble or fall
- his speed of walking is so slow that he is considered to meet the requirement. Note speed considers both the distance and the time taken to walk it.
In addition, because he is a child, his abilities will be compared to a healthy child of the same age.
The references you make to his lack of understanding with regard to danger when he is out are relevant to the Lower rate, not the Higher.
Have a look at our DLA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
and DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
there are also documents in this latter section about giving persuasive evidence about his walking capabilities.
You should also have a look at the following which give general advice about the appeal process
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If you have any further questions, please reply to this post and we will do our best to help.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
To be successful at the Tribunal you need to show that your son meets the criteria for DLA Higher Rate Mobility.
You will need to show that he is unable to walk or that he is virtually unable to walk, based on your post I think it unlikely that he will meet the first criteria but he may meet the second.
Being virtually unable to walk covers three primary areas, you can qualify if he meets any one of them. He needs to be considered
- unable to walk more than 50m without severe discomfort or fatigue
- his manor of walking makes him liable to stumble or fall
- his speed of walking is so slow that he is considered to meet the requirement. Note speed considers both the distance and the time taken to walk it.
In addition, because he is a child, his abilities will be compared to a healthy child of the same age.
The references you make to his lack of understanding with regard to danger when he is out are relevant to the Lower rate, not the Higher.
Have a look at our DLA Claim guides
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
and DLA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
there are also documents in this latter section about giving persuasive evidence about his walking capabilities.
You should also have a look at the following which give general advice about the appeal process
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If you have any further questions, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: A&D
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9 years 11 months ago #122359 by A&D
Replied by A&D on topic DLA APPEAL TRIBUNAL HEARING HELP NEEDED
Thank you very much for the quick response.
We will definitely go thru all that you have mentioned.
We also have a question to other members who have either children with Williams Syndrom or Autism to share their experience or if someone has been in a similar position like us.
Also do you recommend we seek someone to represent us or is it best to come alone.
We will definitely go thru all that you have mentioned.
We also have a question to other members who have either children with Williams Syndrom or Autism to share their experience or if someone has been in a similar position like us.
Also do you recommend we seek someone to represent us or is it best to come alone.
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9 years 11 months ago #122360 by Gordon
If you can get trained representation then it usually results in a higher likelihood of success, however, there fewer reps available and they are usually reluctant to take on a case that has already gone to appeal, but you lose nothing by asking around. Do an internet search for "welfare advice" with your postcode, town or county.
Legal Aid is not available for Lower Tribunal hearings so be careful of using a solicitor, benefit law is a specialist area so you need someone with referencable experience.
Finally, be careful of leading with your child's conditions, DLA is not awarded for the condition, but the effects that condition has on the claimants daily activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA APPEAL TRIBUNAL HEARING HELP NEEDED
A&D wrote: Thank you very much for the quick response.
We will definitely go thru all that you have mentioned.
We also have a question to other members who have either children with Williams Syndrom or Autism to share their experience or if someone has been in a similar position like us.
Also do you recommend we seek someone to represent us or is it best to come alone.
If you can get trained representation then it usually results in a higher likelihood of success, however, there fewer reps available and they are usually reluctant to take on a case that has already gone to appeal, but you lose nothing by asking around. Do an internet search for "welfare advice" with your postcode, town or county.
Legal Aid is not available for Lower Tribunal hearings so be careful of using a solicitor, benefit law is a specialist area so you need someone with referencable experience.
Finally, be careful of leading with your child's conditions, DLA is not awarded for the condition, but the effects that condition has on the claimants daily activities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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