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dla refused on renewal

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6 years 1 month ago #207984 by Gordon
Replied by Gordon on topic dla refused on renewal
Jason

The failure could be as simple as a different person looking at the claim, although this would suggest that the forms were borderline in the first place. He seems to have problems that would lead to an award so it could a failure to properly link his problems with a cause, or it could be that the suggestion of CBT and medication have suggested that his problems are not as severe as you believe.

Did you use our guides to prepare the forms?

Have you requested the documentation used in the making of the Decision? If not do so by contacting the DWP office dealing with his claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #207996 by Jasondm
Replied by Jasondm on topic dla refused on renewal
ok i have not asked for a mr yet
so can i ask for the reasons before i do a rm
can i phone them now and ask for the reasons to be sent to me before the mr

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6 years 1 month ago #208000 by Gordon
Replied by Gordon on topic dla refused on renewal

Jasondm wrote: ok i have not asked for a mr yet
so can i ask for the reasons before i do a rm
can i phone them now and ask for the reasons to be sent to me before the mr


You can request a copy of the assessment report by ringing the DWP, tell the person on the phone that you can't make a decision on an MR until you receive a copy.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 1 month ago #208002 by Jasondm
Replied by Jasondm on topic dla refused on renewal
i called the dwp they are requesting and sending the reasons via post. and she did tell me over the phone as well.
basically they say that there is no difference between him and his peers of the same age.
so now is it best to wait for the report and counter argue all the reasons in writing on a MR .telling them all the extra assistance he needs. thanks

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6 years 1 month ago #208017 by Gordon
Replied by Gordon on topic dla refused on renewal

Jasondm wrote: i called the dwp they are requesting and sending the reasons via post. and she did tell me over the phone as well.
basically they say that there is no difference between him and his peers of the same age.
so now is it best to wait for the report and counter argue all the reasons in writing on a MR .telling them all the extra assistance he needs. thanks


If the report arrives in time then I would wait so that you can make specific comments on the content.

As they have said that his problems are not dissimilar from other children of his age you are going to have to think about how you tackle this, you mentioned some of his problems in a previous post, you will need to re-explain the severity of these but also try and compare them to children of the same age, try searching the internet for information to help with the comparison.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jasondm

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6 years 3 weeks ago #209536 by Jasondm
Replied by Jasondm on topic dla refused on renewal and now refused on rm
hi gordon
i sent the mandatory reconsideration 1st class monday 25th
called the dwp dla dept today to make sure they had got it. and was surprised that they have already made a decession and will be sending me a letter out today. (only 4 days)
they have refused on both elements
please advice what to do next. i asked for any forms to be sent to me to appeal but they said i would have to download myself or go to the citizens advice
below is the mandatory reconsideration i sent,( names omitted}

Thank you for your letter dated 8 March 2018 regarding the decision for DLA for ************* ************
I would like to ask for a mandatory reconsideration of this decision. The reasons we believe this claim should be upheld are set out below and are in response to the points raised in
the above mentioned letter.
In the written statement of reasons, your colleagues state the following points:
******* needs reassurance and encouragement when outdoors and when travelling in a car.”
“He may experience distressing symptoms at times, but he does not need more guidance
or supervision than other children of his own age when outdoors because of a risk of substantial harm due to a learning disability and poor awareness of anger or severe
behaviour problems.”

answer The difficulties *******experiences are as a result of being a passenger in a head-on car collision in 2016. Him and his family were hit head on by a car that contained three drug dealers who were
being chased by police - the collision happened at around 60mph. In the weeks following thisevent
,****** also witnessed a further two severe car accidents - during one of which he witnessed a woman being knocked down and killed at the scene. These events have resulted in
life changing injuries for *****land his family.
The attention that ****** needs (and receives) is far greater and outside the whole range than that required by other children his own age. Other healthy children of the same age would have no
problem in walking to a local shop, travelling in a vehicle, getting on the bus etc. ******* is unable to complete any of the above tasks without constant encouragement and supervision.
His psychotherapist said ****** is experiencing chronic hyper-vigilance, which presents itself in the symptoms he experiences. He has recurrent and on going involuntary memory of the trauma he
went through, and a depressed mood resulting in social withdrawal and again needs assistance to help him engage in activities which his peers complete, and which prior to his accident would not have been an issue.
******** can experience blurred vision / vision ‘going black’ when he suffers his diagnosed anxiety/
PTSD symptoms which would put him in a dangerous situation and at risk of harm if he was out on his own.
******** finds it difficult to complete some simple daily tasks and experiences panic attacks when the need arises for him to do things that other children his own age would not need help with, such
as:
• Travelling in a vehicle or public transport (even local trips/short distances)
• Talking to someone he hasn’t met before (i.e.order food in a cafe, or purchasing things from a shop)
• Being in crowds

******* does not leave the house alone, and will not answer the door or telephone unless he knows
who is calling. He worries about speaking to people because of his panic attacks. ***** will talk to new people when he is with his parents - he finds it difficult, but knows that his parents will help calm him down if he had a panic attack.

dwp said “*****l is not being treated for severe chronic anxiety”

****** has working with a clinical psychologist since the accident to help him learn to deal with
the symptoms. Please see enclosed letter dated 18 March 2018. ***** has been referred for
treatment by a clinical psychologist to receive interventions for symptoms related to his post traumatic stress disorder.
dwp says “He may need encouragement and reassurance but he should be capable of attending to
his self care appropriately for his age and there is no evidence of any significant harm or neglect.”

****** still needs prompting to do basic daily tasks like washing and eating. Without the stated
interventions that we indicated on the claim form, he would be at risk of harm i.e. as he would not prepare meals or drinks and could suffer dehydration and malnutrition.

dwp said “He may be restless in his sleep but does not need prolonged repeated attention because of frequent waking and disruptive and harmful behaviours. “

****** continues to struggle with his sleep at the same level as over the last year. He has
received increased dentist visits due to his night time teeth grinding. He still experiences episodes
of night terrors, sleepwalking and flashbacks during the night and he still requires a member of his family to get up with him until he relaxes; doing things like having a calming hot drink & distraction methods via TV shows. The time this takes varies from a few minutes to half an hour, and will last until the physical symptoms have gone (chest pains, breathlessness, vision loss/blacking out), and he and his family feel it is safe for him to go back to bed.
Through no fault of his own, ***** is suffering from these issues following the traumatic situations that he experienced. We hope in time he will return to the outgoing, independent and calm natured person he used to be, but we do fear this may take some time. ***** is doing his best to pursue treatment to help him deal with the symptoms that he suffers
from so that he can lead a happy, independent life in adulthood and was praised by his treatment team for the hard work and determination he has shown.

Kind regards,
parent ******** ************

gordon please advice

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