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New child dla claim, CFS activities needing help

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8 years 5 months ago #145396 by funmum
We are in the process of drafting our dla claim form. I wish we did this 18 months ago as my son is now 15 and I see things will change when he is 16. I have subscribed on the site and I can already see how I can improve a few of my answers.

Anyway, I have seen anecdotally on the internet that nigh on 100% of CFS dla claims are refused in the first instance, would you say this is pretty accurate?

Does anyone have any tips or advice specific to cfs and child dla claims? It seems to me that he should easily qualify but maybe I am missing something?

Lastly,the last question on the form about activities the child would do if they had help, If my son was less I'll he would need considerably more help as his present condition means that he can do very little, even with help. Will this go against us (is the limited number or things he can do at present)?

Thank you so much.

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8 years 5 months ago - 8 years 5 months ago #145398 by Gordon
funmum

Welcome to the forum, although you seem to have already found the DLA guides, you might want to have a look at the following FAQ which explain where everything else is

Welcome to Benefits and Work

I wouldn't say that all CFS claims are refused from the outset, you need to remember that on sites like this you most often see posts from claimants who have had problems with their claims, we're lucky that many of our members come back to the forum to let us know how their claims have gone, but you are still seeing a set of posts that tend to towards the negative.

Are you talking about Chronic Fatigue or ME/CFS?

If the former, then you need to look at the typical activities that a 15 year old would reasonably be capable of doing, so sports and other outdoor activities, study, socialising with others, etc., you need to explain how your son is limited with these and why. Then you need to draw it back to the basics of their "bodily functions", for example; how are they impacted by showering or bathing, is their sleep pattern good, do they need encouragement to eat on a regular basis, etc.

If the latter, then in addition to the above!

The biggest issue with claims involving ME/CFS is the variable nature of the illness, so this is an area that you need to concentrate on in particular, it might also help if you try and talk about your son's problems across several days (a diary might help). I suffer from ME/CFS myself and always look at what I did yesterday, what I am doing today and what I would hope to do tomorrow, as it is impossible to separate one day from another, I would also include a couple of paragraphs about Post Exertional Malaise as it's effects are often ignored.

If I understand your last question, you do not need to be receiving care to meet the requirements for needing care, although I would make one comment, you need to make it clear that he cannot perform activities or those assessing him may assume that he chooses not to do them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 5 months ago by Gordon.

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8 years 5 months ago #145406 by funmum
Thank you, yes it is CFS/me.
So where would the (lackof) sport,social etc go on the form please? Because the fact is that whilst he is so ill, no amount of help is going to enable him to do some of these things, Also, when completing that section at the end about leisure and social activities, I have only listed those things that he could do ALL of in one week. Eg I have listed 10 things he could accomplish in a single week. There might be 20 things he could do if he only did say 5 of them in one week. Example, I havent mentioned social contact because if he did that he would have to not do several other things. Plus I haven't included any activities that he wouldn't do on account of how bad the pay back would be eg social again. So my list contains fewer items than it would if he was feeling better. Sorry, hard to explain, does that make sense as I feel like his lack of ability to do many things is penalising him a little in this question.

Ha. Also I forgot to use the expression "post exertional malaise" should I do so? I have described what he feels (but I really think my words don't do justice to how badly he feels, I can't explain it well enough). He feels nausea, headaches, noise sensitivity, uncontrollable emotions of upset and anger and exhaustion/fatigue that prevents him from doing other basic things he would have done later that day eg reading. That is what I put but it feels a bit too tame and bland compared with his experiences.

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8 years 5 months ago #145407 by funmum
So I would include things in the social leisure section that he cannot do and could not do even with help?

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  • foss27
8 years 5 months ago #145426 by foss27
You can continue the answers on additional sheets of paper if you need to but make sure they are clearly labelled and attached to the claim form.
I think you should write at some length of the difficulties and restrictions like you have started to do in your post. You cannot give them too much information so go for it until you are satisfied you have given enough detail.
You could also keep a diary and make a detailed statement yourself as his mother and carer. Other family members could also contribute.
Remember when answering descriptors and activities to always relate the written responses to the way his health affects his ability to carry out the activities and submit supporting evidence from any medical professional he comes into contact with.

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8 years 5 months ago #145469 by funmum
Thank you. What I'm getting at is, do I include things in the leisure activities section that he cannot do even with help? Or do I give a clear explanation at the start of that section as to how his illness prevents him from doing many things even with help?

Another question I have is, because the condition is variable I have sat down and done my best to break this down in as much detail as I can for each question. But there is absolutely no way that I will remember all the variations, number of minutes, number of times etc etc if I have to go to tribunal. So am I shooting myself in the foot by including details that I can't remember if questionned about it later?

Thank you

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