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TOPIC: Child DLA appeal *new Autism diagnosis *

Child DLA appeal *new Autism diagnosis * 2 weeks 1 day ago #194645

Please forgive me if I am not allowed to ask this question as I am a total newbie
long and short of it I applied for DLA for 12yr old son after a support worker advised me to do so,I went to CAB to help fill form's in ,son has diagnosis of Dyspraxia,ulcerative colitis,anxiety,hypermobility, I do understand it doesn't go on diagnosis but rather than go into great detail onhere this may give an indication of his needs

Since the original paperwork went off for claim he also got diagnosed heart condition and was being home educated due to anxiety impacting on colitis and bowel's ,and is under CAMH's,was put on ASD pathway by high school (which he was no longer attending)he was refused I sent all paperwork in with MR still refused I got help to ask to goto appeal

I recieved original letter from court then 2 week's later I had word LA where goint to access him for EHCP and sent out a education phycologist which reaffirmed that anxiety is massively affecting him leave the house,the next week we had a private assesment and he got a diagnosis of Autism ,the lady who helped me do appeal is either off sick or on holiday as not responding to email's /call's so I just wanted some general advice

Would the best thing to send all new information i.e Autism diagnosis and EP report into the court's or would I be best to start a new claim (it's past 6 month's since I first applied) with all new evidence and could I still go to appeal for original claim.

Basically we are skint and I've hardly worked since Jan of this year to look after my Son while he was going through a truly awful time in his life,we paid a fortune (to us ) for private report and private online high school as school where basically not even sending print out work home he had just started year7 and has fell behind with education so much and we really need some help for him with excercise as he has put 3 stone on bless him with the steriod medication for colitis .

sorry for ramble just not sure what to do for best

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Child DLA appeal *new Autism diagnosis * 2 weeks 1 day ago #194660

  • Gordon
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Jopsey

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You can make a new claim for PIP at any time there is no waiting period, but be aware, a new claim will create a new Decision and this will supersede any Decision that a Tribunal might make, so as a worst case scenario; if the Tribunal make an award and the DWP turn him down again then it will be the latter Decision that is carried forward, although you can appeal it again.

Whilst it should not be necessary for a diagnosis of ASD, make sure that it is clear in regard his appeal, that he was suffering from the condition at the time that was assessed, the panel cannot take into account any changes to his conditions that have occurred since the Decision being appealed was made.

As a general comment about his appeal, you need to show that meets the criteria for an award, also, he needs to reliably complete the PIP activities on the majority of days not to score points. See the PIP claim guide for more details.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

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

Child DLA appeal *new Autism diagnosis * 4 days 21 hours ago #195358

Sorry for delay in replying when you say Pip is that the same as DLA ? I'm sorry I'm total novice
My son was had Autism when I filled forms in originally but of course we didn't have diagnosis then sorry for my original post just re read and it's a bit of a waffle
Basically if we carry on with appeal will the judge accept anymore new evidence we have to support our claim ? We've revived much more since oringinal claim and MR went off Of course my son was born with Autism and it's the anxiety part that affects him most this has also been written in a report from Education Phycologist

So I'm better just waiting for appeal to be heard rather than reapply ?

Thanks
Jopsey

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Child DLA appeal *new Autism diagnosis * 3 days 7 hours ago #195404

  • Gordon
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Jopsey

All posts are moderated and won't appear in the forum until approved by e Moderator :)

Forgive me for writing PIP is should have read DLA but apart from that the advice is correct.

You can submit new evidence to the appeal, but it must be clear that it applied to your son as he was when then Decision being appealed was made. I don't believe that this will be an issue for the Autism diagnosis, but it will be for any change in behaviour of limitation.

Do you have a date for the hearing yet? If not then contact the Tribunal Service they can usually give the claimant an idea of timescales.

If it was me then I would hold off on the new claim, but it's your decision.

Gordon

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Child DLA appeal *new Autism diagnosis * 11 hours 51 minutes ago #195651

Thankyou no date given as yet so will ring them thankyou
Next question any advice on appeal please ? I've never done anything like this before

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Child DLA appeal *new Autism diagnosis * 8 hours 34 minutes ago #195661

Hi Jopsey,

You will find some help here

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

Then come back when you have specific questions and we will do our best to help.

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