# anybody in the forum appeal DLA?



## grahams mum

hi guys things are not going really well has anybody in the forum challenge a decision for  DLA for children ?good  and bad story welcome !!! graham has diabetic clinc next wednesday   so it wont be a welcome meeting for the consultant:


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## MeanMom

Daniella - sorry I can't offer specific help as I haven't even tried to get DLA for K after all the stories I have heard
If you are on Facebook there is a group called I think Children with DLA days out - don't be fooled by the name there are people posting on there all the time with queries about applying for DLA so you should be able to get some advice there if no one on this forum can help.

I will look up full name of FB group and post in an edit later Good Luck

Edit: Name of group is 'Children DLA days out Discounts tips and advice Disability Living Allowance' (their capitals)


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## grahams mum

MeanMom said:


> Daniella - sorry I can't offer specific help as I haven't even tried to get DLA for K after all the stories I have heard
> If you are on Facebook there is a group called I think Children with DLA days out - don't be fooled by the name there are people posting on there all the time with queries about applying for DLA so you should be able to get some advice there if no one on this forum can help.
> 
> I will look up full name of FB group and post in an edit later Good Luck
> 
> Edit: Name of group is 'Children DLA days out Discounts tips and advice Disability Living Allowance' (their capitals)



thank you ,  the real problem is not really theDLA  is what your doctor write  to the DLA people!!!!


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## Copepod

As long as you opt for an oral hearing, you will be able to explain to the 3 person panel (legal chair, medical doctor and disability member) what life is like for Graham and family. Then they weigh up your evidence, including what you have written in the form, plus any other evidence from other sources, to make their decision. You can say why you disagree with what the consultant wrote.


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## saby27

*DLA Claim*

Hi

I applied for DLA for my 3 year old daughter who is Type 1.  After initially receiving the low rate of DLA I spoke to my diabetic support nurse who encouraged me to appeal this as she knew of other older children in the area who were receiving middle rate.  She wrote me a letter stating how my daughter due to her age needed 24 hour round the clock attention and I sent this away to the DLA office - success I received the middle rate - I would percevere if I was you and hopefully you will receive it - Caroline


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## Hanmillmum

Hi

Does it have to be your consultant writing the support letter, as clearly sounds unsupportive! DSN wrote ours to go alongside claim a few months after her diagnosis when she had begun pumping, and we were awarded middle rate. Some parents have got higher rate too. Good luck with it all - something you could do without chewing on with


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## grahams mum

Hanmillmum said:


> Hi
> 
> Does it have to be your consultant writing the support letter, as clearly sounds unsupportive! DSN wrote ours to go alongside claim a few months after her diagnosis when she had begun pumping, and we were awarded middle rate. Some parents have got higher rate too. Good luck with it all - something you could do without chewing on with



 i always had high rate for graham and this time we are middle rate but graham has other problem as well but they only considered the consultant report  yesterday we had diabetic clinic and i dropped my bomb graham could not believe it  I WAS SO ANGRY !!!!


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## Copepod

It's a sadly common issue where a person applying for DLA has more than one health issue, but DWP only seek report from one specialist. Have they also asked for a school report? However, as the issue is the difference between middle rate care and higher rate care, that means care needs at night. The tribunal panel ask parents as they're the ones who are with the child though the night, not the consultant(s) nor school teachers. However, the key words are care that is "reasonably required", which means that while care may be given through the night, if it is considered unecessary, then higher rate care won't be awarded. You would be well advised to get reports or letters from any other medical specialists who deal with Graham eg consultants, nurses, physiotherapists, occupational therapists, psychologists etc.


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## grahams mum

Copepod said:


> It's a sadly common issue where a person applying for DLA has more than one health issue, but DWP only seek report from one specialist. Have they also asked for a school report? However, as the issue is the difference between middle rate care and higher rate care, that means care needs at night. The tribunal panel ask parents as they're the ones who are with the child though the night, not the consultant(s) nor school teachers. However, the key words are care that is "reasonably required", which means that while care may be given through the night, if it is considered unecessary, then higher rate care won't be awarded. You would be well advised to get reports or letters from any other medical specialists who deal with Graham eg consultants, nurses, physiotherapists, occupational therapists, psychologists etc.



i did try but the hospital said ,UNBELIEVEBLY that does not consider necessary testing at night !!!!!!


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## craig245t

*DLA Appeal*

Hi all......
Can I ask what level of DLA people are receiving for children with Type 1? I'm not asking how much money you receive, just which rate. Lower, middle or higher. 
My son Euan who is 12, was receiving the middle rate for personal care, this has been reduced to the lower rate with no explanation. He's type 1 with no other medical conditions.
We heard of a few others who have had their rates cut, is this cost cutting or has the entitlement criteria for receiving DLA changed?
This might seem like a very personal question but there do seem to be differnces in what people receive.


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## novorapidboi26

craig245t said:


> Hi all......
> Can I ask what level of DLA people are receiving for children with Type 1? I'm not asking how much money you receive, just which rate. Lower, middle or higher.
> My son Euan who is 12, was receiving the middle rate for personal care, this has been reduced to the lower rate with no explanation. He's type 1 with no other medical conditions.
> We heard of a few others who have had their rates cut, is this cost cutting or has the entitlement criteria for receiving DLA changed?
> This might seem like a very personal question but there do seem to be differnces in what people receive.



I would say there is no real reason for moving down a rate as nothing has changed, unless they think his age is a factor, no personal experience though...


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## Copepod

DLA care component is about the care you need from another person, so it is expected that as a child with diabetes grows up, they will gradually take over more of their own care - just as they enter the rebellious teenage years! Often initial award is for 5 years from date of diagnosis, so if diagnosed at age 11, a child will original Middle Rate Care to age 16 years, but if diagnosed at age 5, they'll get MRC to age 12 years, then have to reapply. Of course, for a child aged under 16 years, the parent applies on behalf of the child.

You can always ask DWP (Dept of Work & Pensions) for reasons for decision, and appeal the decision through independent Tribunals Service (in Ministry of Justice), if within time limits.


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## elaine1969

I get the higher rate of DLA for Kate,  she was 12 years old when it was awarded.


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## grahams mum

i had high rate and high mobility and now middle rate with no mobility  at all   graham was 3 then and the health visitor did all the papers  now the consultant did it and look what happend !!! my husbund is unsure to appeal because he scared to loose the middle rate because everything have to start all over again


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## grahams mum

Copepod said:


> DLA care component is about the care you need from another person, so it is expected that as a child with diabetes grows up, they will gradually take over more of their own care - just as they enter the rebellious teenage years! Often initial award is for 5 years from date of diagnosis, so if diagnosed at age 11, a child will original Middle Rate Care to age 16 years, but if diagnosed at age 5, they'll get MRC to age 12 years, then have to reapply. Of course, for a child aged under 16 years, the parent applies on behalf of the child.
> 
> You can always ask DWP (Dept of Work & Pensions) for reasons for decision, and appeal the decision through independent Tribunals Service (in Ministry of Justice), if within time limits.



 is every 4 years not 5


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## grahams mum

craig245t said:


> Hi all......
> Can I ask what level of DLA people are receiving for children with Type 1? I'm not asking how much money you receive, just which rate. Lower, middle or higher.
> My son Euan who is 12, was receiving the middle rate for personal care, this has been reduced to the lower rate with no explanation. He's type 1 with no other medical conditions.
> We heard of a few others who have had their rates cut, is this cost cutting or has the entitlement criteria for receiving DLA changed?
> This might seem like a very personal question but there do seem to be differnces in what people receive.



 i think now they try to cut down every awards to save money


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## MeanMom

As I said I have not even applied as I could not face the stress of going through all of that just to get turned down. As K has other medical issues too it would involve two sets of specialists. We do get free gadgets like sight aids for her so I settle for that.

As I wasn't working when she was Dx (and therefore did not have to give up work) I have not applied for carers allowance either   - although there is no way I could work at the moment and The plan was to get a part time job when she started high school. Do others get carers allowance or is there a big hastle over this too?


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## Bluebaldybob

I've just received word back for DLA for my daughter Alesha. I filled out the mills and boon novel they send you to apply for it, and then received 2 phone calls from them asking all sorts of questions about the application. A week and a half later we receive a letter confirming Alesha will receive middle rate DLA from December this year for personal care (as we haven't met the 3 month "conditions" criteria) to December 2021. (year of her 16th birthday) The very nice man we spoke too informed me it would be looked at every 4-5 years. Not any point in us putting in for carers allowance as both my wife and I work, and if you earn more than ?100 per week, its a no - no. We are quite lucky that way as she works days and I work nights, so one of us is always on hand to look after Alesha.
We had quite a bit of help from our consultant and DSN who helped considerably.


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## Copepod

MeanMom said:


> As I said I have not even applied as I could not face the stress of going through all of that just to get turned down. As K has other medical issues too it would involve two sets of specialists. We do get free gadgets like sight aids for her so I settle for that.
> 
> As I wasn't working when she was Dx (and therefore did not have to give up work) I have not applied for carers allowance either   - although there is no way I could work at the moment and The plan was to get a part time job when she started high school. Do others get carers allowance or is there a big hastle over this too?



Carers Allowance can be claimed by one adult who gives at least 35 hours per week care to another adult or a child who received Middle Rate Care or Higher Rate Care DLA (Mobility award has no effect on Carer's Allowance), plus doesn't earn above a certain limit. It can also bring some advantages in calculating housing benefit, NI contribution etc, depending on total household budget - see http://www.direct.gov.uk/en/CaringForSomeone/MoneyMatters/CarersAllowance/index.htm Best ask for help with forms from CAB or other welfare rights office.


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## craig245t

Thanks to all who replied.........

Euan was 9 when diagnosed, he's now 12. He was originally awarded middle rate personal care and lower rate mobility. We queried the lower rate mobility straight away as he did not need "help getting around". We did not want to recieve something we were not entitled to. We were told this was correct and was the standard rates for a child with Type 1.

The DWP reviewed his case after 3 years and reduced his benefit from middle to lower rate personal care and removed the lower rate mobility element. I asked the DWP to send me the reasons in writing after we requested that they reconsider their decision, they sent an info pack telling me how to appeal, but no written decision. I have to call them.......

I'm reluctant to appeal. I don't want to be seen as someone who is claiming for something I'm not entitled to. In all honesty, I don't know what I'm entitled to - there doesn't seem to be a standard.


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## grahams mum

craig245t said:


> Thanks to all who replied.........
> 
> Euan was 9 when diagnosed, he's now 12. He was originally awarded middle rate personal care and lower rate mobility. We queried the lower rate mobility straight away as he did not need "help getting around". We did not want to recieve something we were not entitled to. We were told this was correct and was the standard rates for a child with Type 1.
> 
> The DWP reviewed his case after 3 years and reduced his benefit from middle to lower rate personal care and removed the lower rate mobility element. I asked the DWP to send me the reasons in writing after we requested that they reconsider their decision, they sent an info pack telling me how to appeal, but no written decision. I have to call them.......
> 
> I'm reluctant to appeal. I don't want to be seen as someone who is claiming for something I'm not entitled to. In all honesty, I don't know what I'm entitled to - there doesn't seem to be a standard.


that is the problem there is not standard and whem you appeal you start all from new again me too i dont want to loose the middle rate just in case so i stick with it but is not wright  because of all this i am going to  make an official letter of complaint to the chief executive of my hospital because of what the consultant wrote on the dla report


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## grahams mum

MeanMom said:


> As I said I have not even applied as I could not face the stress of going through all of that just to get turned down. As K has other medical issues too it would involve two sets of specialists. We do get free gadgets like sight aids for her so I settle for that.
> 
> As I wasn't working when she was Dx (and therefore did not have to give up work) I have not applied for carers allowance either   - although there is no way I could work at the moment and The plan was to get a part time job when she started high school. Do others get carers allowance or is there a big hastle over this too?



i think you have more chances then us to get a high rate dont be scare to ask for what you are in title to   there are people with some kind of "learning disabilities " they have more then us


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## Monica

MeanMom said:


> As I said I have not even applied as I could not face the stress of going through all of that just to get turned down. As K has other medical issues too it would involve two sets of specialists. We do get free gadgets like sight aids for her so I settle for that.
> 
> As I wasn't working when she was Dx (and therefore did not have to give up work) I have not applied for carers allowance either   - although there is no way I could work at the moment and The plan was to get a part time job when she started high school. Do others get carers allowance or is there a big hastle over this too?



I've only just seen this.
MM, you won't get turned down for DLA. All children with D get DLA, it just depends on the person who deals with it as to which rate you get. We have middle rate, always have had right from the start. I can't be bothered to ask for high rate, too much hassle. BUT, I get Carers Allowance for caring for Carol. It doesn't matter that you didn't have to give up work, I didn't either. I applied for it online, easy as pie.


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## MeanMom

...and I've only just spotted your reply Monica

Thanks - to be honest I never thought to ask you what you did even though our situations are so similar - don't like talking to friends about money! 

It is just so complicated with Ks sight problems and also now with her being referred to CAMHS which I suppose I should also mention on form - also didnt know about the Carers bit so may give it a go when I'm less stressed


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## Monica

MeanMom said:


> ...and I've only just spotted your reply Monica
> 
> Thanks - to be honest I never thought to ask you what you did even though our situations are so similar - don't like talking to friends about money!
> 
> It is just so complicated with Ks sight problems and also now with her being referred to CAMHS which I suppose I should also mention on form - also didnt know about the Carers bit so may give it a go when I'm less stressed



Give it a go. But start with the DLA, because you won't get carer's unless you have middle or high rate DLA.
If you need any help filling it in, I have a copy of mine I could email you. But you'll have to adjust it to K's needs. Most definitely include her other problems.
Don't be scared to ask the DSN's and others' help. 

Good luck xx


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