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TOPIC: DLA appeal for Asperger's child and evidence

DLA appeal for Asperger's child and evidence 7 years 5 months ago #8583

Hello all, newbie here.

Background: 12 yo, Asperger's, higher rate care, lower care mobility and I am going to tribunal in 1 month.

The DWP doc has accepted the "brain damage" part, so the main stumbling block is about the "extreme" nehaviours, which they say are not sufficient to justify higher mobility, and I say they are.

Question: Can I produce photographs or even filmed evidence at the tribunal? I already have pics of my son curled up in an immovable ball and the impact of those is devastating to anyone who sees them, and I have no doubt the viewing of him in full meltdown would make it very hard for anyone to deny the evidence of their own eyes as to extreme behaviour. But will the tribunal accept a filmed submission?

Thanks in advance for answers. :)
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Re:DLA appeal for Asperger's child and evidence 7 years 5 months ago #8602

Hi Bookie,

Yes, they can accept photos and video. If you're providing video send it in as early as possible, keep it as short as possible and explain why you think it's important for the tribunal to see it.

Do let us know how it goes.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA appeal for Asperger's child and evidence 7 years 5 months ago #8861

Thanks for that.

My son duly obliged by having a full blown meltdown in the middle of the high street last week and I left my husband to deal with him while I stood there and filmed it all. Felt like the most uncaring parent in the world. :-(

Well, that was quick, I got the tribunal date and it is in 3 weeks time. Will let you know the outcome no matter what.
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Re:DLA appeal for Asperger's child and evidence 7 years 5 months ago #8868

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hi Bookie,

I agree with Steve that photographs and video evidence can be accepted by a DLA Tribunal.

However, as a former DLA Tribunal Member (Disability Specialist) for 10 years, if at all possible it would be better if your son could attend the tribunal hearing with you. If your son cannot use public transport and you don't have a car, or don't wish to drive to the appeal, then the Tribunals Service will pay for a taxi for the journey from your home to the tribunal venue and return.

If your son is unable to attend the appeal, then if you can provide adequate medical evidence from your GP and/or other health care professional who sees your son, it is possible to have the tribunal hear the appeal in your home, called a domiciliary hearing.

These type of appealsare quite rare but I sat on quite a few domiciliary hearings during the time I was a panel member.

Send any request for a domiciliary hearing with supporting medical evidence to the Regional Office of the Tribunals Service marked for the attention of the "Regional District Tribunal Judge'

Hope this helps and good luck :)

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA appeal for Asperger's child and evidence 7 years 5 months ago #8870

Thanks, Jim.

Not an option, I am afraid. Either he will be in a good disposition (unlikely) and we'll fail on "oh, he's obviously not that bad" or he won't be and we won't be able to have a hearing full stop. :-(

I don't have any medical evidence. Apart from his original CAMHS diagnosis and paediatrician follow-ups, he is in a wonderful health... He's "just" autistic with massive sensory and subsequent behavioural issues, but we are not being followed by anyone. TBH, even if he was, how could these people testify to how difficult it is to handle him when outdoors? They don't see him in those settings. Thats is why I will heavily be relying on testimonies from friends, family, carers and staff from the SEN school he goes to etc... as well as the film evidence.

But thanks for the good thoughts anyway, it would have been worth a shot otherwise and may well be for someone else. :-)

Marie
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Re:DLA appeal for Asperger's child and evidence 7 years 5 months ago #8875

  • Jim Allison
  • OFFLINE
  • retired Principal Welfare Rights Officer
Hi Marie,

I perfectly understand. Let me assure you that DLA Tribunals are used to dealing with children both very young and in their teens with Aspergers. They are looking for exactly the evidence you have obtained, So in my opinion, based on what you've posted you have a strong case.

These links may be of help, they are used by Decision Makers & DLA Tribunals to help them assess entitlement to DLA.

HERE and HERE Chapter 37.

Hope this is of some assurance.

I hope things turn out well for your son.

Kind regards.

Jim
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 5 months ago by Jim Allison. Reason: Added links.
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