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DLA renewal for children
- brokendown25
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5 years 11 months ago #211748 by brokendown25
DLA renewal for children was created by brokendown25
Hi There
My daughter aged 11 has been on DLA for many years as she has multiple health conditions and they all impact her daily life greatly, she has to use an anal irrigation system for chronic constipation, has everything red in the house as she cannot come into contact with any gluten, wheat, rye, barley, buckwheat etc etc, dairy, whey etc and derivatives of them all. She needs 24 care she needs help with everything and I really do mean everything. She has a language delay and also scarring on her vocal chords from having a Naso Gastric Tube when she was in her formative years and now has a PEG which needs care everyday and is used for medication and as a bolus for hydration and nourishment when she is very unwell. She has very poor sleep and needs to be watched over every night, she wears pull ups. Because of the nature of her very restrictive diet and her other needs she is not asked to parties or events as she is described as being too difficult to look after and she is different to all the other children. She cannot go the cinema as there would be cross contamination, using the bathroom would be a nightmare as the door to the bathroom would have to be opened for her, the cubicle has to be saniitised and a cover over the toilet seat . we bring our own loo roll so there is no chance of cross contamination, flushing etc is done for her and then to washing hands we have to ensure that the water is a particular temperature as she has contact dermatitis and water is horrendous on her skin, I could go on. Anyway we have been turned down for DLA both at renewal and MR as they say that she her needs are not greater than those of a non disabled child.
She also suffers from social anxiety and is very nervous, she is bullied for her language issues and beause she has extra needs and people laugh at her because as they say she is 'different'.
I am going to appeal but need your guidance.
Many thanks
My daughter aged 11 has been on DLA for many years as she has multiple health conditions and they all impact her daily life greatly, she has to use an anal irrigation system for chronic constipation, has everything red in the house as she cannot come into contact with any gluten, wheat, rye, barley, buckwheat etc etc, dairy, whey etc and derivatives of them all. She needs 24 care she needs help with everything and I really do mean everything. She has a language delay and also scarring on her vocal chords from having a Naso Gastric Tube when she was in her formative years and now has a PEG which needs care everyday and is used for medication and as a bolus for hydration and nourishment when she is very unwell. She has very poor sleep and needs to be watched over every night, she wears pull ups. Because of the nature of her very restrictive diet and her other needs she is not asked to parties or events as she is described as being too difficult to look after and she is different to all the other children. She cannot go the cinema as there would be cross contamination, using the bathroom would be a nightmare as the door to the bathroom would have to be opened for her, the cubicle has to be saniitised and a cover over the toilet seat . we bring our own loo roll so there is no chance of cross contamination, flushing etc is done for her and then to washing hands we have to ensure that the water is a particular temperature as she has contact dermatitis and water is horrendous on her skin, I could go on. Anyway we have been turned down for DLA both at renewal and MR as they say that she her needs are not greater than those of a non disabled child.
She also suffers from social anxiety and is very nervous, she is bullied for her language issues and beause she has extra needs and people laugh at her because as they say she is 'different'.
I am going to appeal but need your guidance.
Many thanks
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- Gordon
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5 years 11 months ago #211773 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA renewal for children
brokendown
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
To be honest your post seems to include ample reason why your daughter should have received an award, which suggests that you did not explain her problems in ways that a Decision Maker could understand.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our DLA MR & Appeal guide for details of the process, the DLA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/dla
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
If you have further question then please reply to this post and we will do our best to help.
Gordon
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
To be honest your post seems to include ample reason why your daughter should have received an award, which suggests that you did not explain her problems in ways that a Decision Maker could understand.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our DLA MR & Appeal guide for details of the process, the DLA area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/dla
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
If you have further question then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- brokendown25
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5 years 11 months ago #211787 by brokendown25
Replied by brokendown25 on topic DLA renewal for children
Thank you for your advice Gordon.
I have requested the decision makers report which should be interesting reading.
I did include photographs, detailed accounts of each aspect eg how to use the anal irrigation system (included samples of the system itself and the accessories needed), medications via PEG, the list goes on and on. I am going to take a deep breathe and go for it, I know that the appeal is probably going to be very long drawn out but my daughter needs the DLA as it improves the quality of her life. Again many thanks, I may be back when I receive the report.
I have requested the decision makers report which should be interesting reading.
I did include photographs, detailed accounts of each aspect eg how to use the anal irrigation system (included samples of the system itself and the accessories needed), medications via PEG, the list goes on and on. I am going to take a deep breathe and go for it, I know that the appeal is probably going to be very long drawn out but my daughter needs the DLA as it improves the quality of her life. Again many thanks, I may be back when I receive the report.
The following user(s) said Thank You: Gordon
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