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tammy wrote: hi to everyone writing on behalf of my niece she has a daughter of three and half in which she has found out that she has dwarfism she cries in pain and sais her back is falling and that her bones hurt she has started nursery in which they called her mum to say she falls over alot and is always moaning shes hurting .she cant walk far 10 meters and shes crying her legs hurt my niece was adviced to put in for disablitiy when she filled the forms out she said she can walk 50 meters she didnt really understand how far that was she was sent a letter from them saying she cant get disablity my niece has left it thinking well i tried its been well over 3/4 months now i know its gone over the time to appeal just wondered if theirs anything i can explain to her to help her its so sad seeing this little girl suffer she has great difficulty doing things in school she does see a consultant i dont know if she can ask him to put her in the right direction when she spoke to the lady over the about her disablity she was nt very helpful any help we will appreciate it and take it on board thank u
I am sorry to hear of the problems that your niece and her daughter are suffering !
You don't state what the "disability" that they put in for was, but on the assumption that it was DLA for a child under 16, you can request a "Late" Mandatory Reconsideration of the adverse decision up until 13 months after the date of the adverse decision notice letter.
However, you would have to show "Good Cause" for it being late. (i.e. Outside the normal one month deadline)
Failing that, they could put a fresh claim in straight away.
Any letters of support from treating HCP's, or people that know your niece's daughter and how her limitations affect her will help.
e.g. Assistants at pre-school, or teachers at school etc.
There are guides on claiming DLA for a child under 16, 4th & 5th links down : This Page.
There are also guides on requesting an MR/Appeal for DLA further down the page.
See also : Mandatory Reconsiderations Explained
Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.
Good luck, and please keep us updated.
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There is a guide to arguing the how far a claimant can walk in the DLA section. See
You mention that the child is currently 3 1/2 years old, if the she was under 3 when the Decision that they are considering challenging was made, then they would not be eligible for either rate of the Mobility Allowance. The Higher rate can only be awarded if she was over 3 and the Lower rate can only be awarded if over the age of 5.
If this is applicable then they would have to report a Change of Circumstances and ask for just the Mobility component to be re-assessed. They need to be aware that the DWP can expand the review to both components if they wish.
Nothing on this board constitutes legal advice - always consult a professional about specific problems