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TOPIC: DLA appeal for Asperger's child and evidence

Re:DLA appeal for Asperger's child and evidence 7 years 3 months ago #10989

Quick update:

The original hearing was cancelled when they realised that the original 15 mns wouldn't be enough to deal with the evidence I had submitted, and put back to the 20th august as 1/2 hour.
20th August, 1/2 hour, my backside, I was ther for over 2 hours. And the result?
... Postponed again. :-(

The parent was ready to give it to me, the advocate was sitting on the fence but leaning towards me, I think, but the GP would have none of it without medical evidence, and swayed the advocate in the end. Apparently, the numerous testimonies and film evidence were mere "snapshots" of my son's condition, and they were "concerned I wasn't tapping sufficiently into local resources" (WHAT resources???)
Anyway, they were thinking of waiting for the result of a referral to CAMHS until I pointed out that the current waiting list for urgent cases is 18-24 mths (!). Then they thought about the LEA Ed psych, until I -again- pointed out that since my son is in a private school, the LEA Ed psych is going to have no interest whatsoever in evaluating a child who is no longer their concern for the sake of a DLA appeal.

Finally, they accepted that the private school's Ed psych would in fact be a good enough source of information and so they are going to get additional info from him, and I have to keep a diary of the difficulties we have with my son for the next couple of months (Why that is less of a snapshot, god knows, but let's not go there for now) and the next hearing has been set for a 1 hours 1/2, so at least it seems they are taking me seriously at last.

I'll let you know how the next instalment goes. But for anyone thinking of going down the same route, FWIW, the panel did say that the video footage made a "powerful statement" and I really think that if it hadn't been for the GP's stubborness, it might well have won me the day.
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Re:DLA appeal for Asperger's child and evidence 7 years 3 months ago #10999

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Marie,

Sorry to hear that your tribunal didn't go well. Hope things turn out better next time.

The Tribunal's decision doesn't have to be unanimous, it can be a 2-1 majority decision, and all three panel members have equal say in any decision.

Good luck.

Pat
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 3 months ago #11003

Oh, I wouldn't say it didn't go well... It just didn't go as well as I was hoping for. But at least, they didn't dismiss me outright, which I think was the original intention with the 15 mns hearing. NOW they're listening at least.

All in a day's work for us carers, hey? :-D
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Re:DLA appeal for Asperger's child and evidence 7 years 6 days ago #13467

Well, after delays, a scheduled 30 mns hearing which became a 2 hours + in August, the case was yet again adjourned to yesterday, and I can report that I WON!!!

My Asperger's son has now been given high rate mobility as well as his existing high care.

Words can not start to describe how I feel right now. For now, just "exhausted". :-D

I'll post more details later on, but wanted to share the good news and let people know that it CAN be done. :-)

Marie
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Re:DLA appeal for Asperger's child and evidence 7 years 5 days ago #13471

  • lavenderlady
Hi Marie

I'm so glad that you won. That's wonderful news.
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Re:DLA appeal for Asperger's child and evidence 6 years 11 months ago #13973

Bookie wrote:
Well, after delays, a scheduled 30 mns hearing which became a 2 hours + in August, the case was yet again adjourned to yesterday, and I can report that I WON!!!

My Asperger's son has now been given high rate mobility as well as his existing high care.

Words can not start to describe how I feel right now. For now, just "exhausted". :-D

I'll post more details later on, but wanted to share the good news and let people know that it CAN be done. :-)

Marie

:woohoo: I am soooooooo happy for you. As a Mother of 2 autistic children I know the never ending fight with doctors, schools and professionals. Mothers never give up when they know what their child needs and you are a shining example of that. :0)
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