Turned down for Child DLA after reassessment

We received DLA middle care range for our 9 year old who has chronic constipation for two years until end Sept. last week we got a letter saying we would no longer receive it because our child no longer meet any of the three criteria; namely about an hours care a day, or repeated care through the night. Yet our claim form clearly shows these are met. The letter makes no mention of the consultants letter submitted. Our child still has severe fecal impacting which causes her pain, distress and soiling. She has to take movicol daily with large doses every six weeks. We also spend long periods of the day - at least half hour two or three times daily - persuading her to sit on the toilet.
I am at a loss a to why this has been discounted.
I want to ask for a reconsideration but not sure how to go about it. Any ideas?

learntoletgo wrote:

We received DLA middle care range for our 9 year old who has chronic constipation for two years until end Sept. last week we got a letter saying we would no longer receive it because our child no longer meet any of the three criteria; namely about an hours care a day, or repeated care through the night. Yet our claim form clearly shows these are met. The letter makes no mention of the consultants letter submitted. Our child still has severe fecal impacting which causes her pain, distress and soiling. She has to take movicol daily with large doses every six weeks. We also spend long periods of the day - at least half hour two or three times daily - persuading her to sit on the toilet.
I am at a loss a to why this has been discounted.
I want to ask for a reconsideration but not sure how to go about it. Any ideas?

Hi ltlg,

Sorry to hear this.

We always recommend that one appeals in the first instance, as an automatic reconsideration will then be done by a different DM. If the adverse decision is not changed at that stage, then the DWP will send your appeal forward to The Appeals Tribunal Service, without you having to further instigate it.

You can appeal using the GL24 Form which can be downloaded and printed off from the link on this FAQ :

How to submit an appeal

You have one month to appeal from the date of the DLA decision letter.

Have a look at :
DLA FAQ’s & Appeals FAQ’s

You may also wish to read our : DLA Guides in particular :

"Appealing Against A Disability Living Allowance Decision New Jan 2012"

Which is the 18th link down the above page, (I think )

Please return to this thread if you have any further queries.

bro58

Thanks Bro58; have sent off our appeal, so fingers crossed!
cheers,

ltlg

learntoletgo wrote:

Thanks Bro58; have sent off our appeal, so fingers crossed!
cheers,

ltlg

Good luck.

Please let us know how things progress.

bro58

learntoletgo wrote:

We received DLA middle care range for our 9 year old who has chronic constipation for two years until end Sept. last week we got a letter saying we would no longer receive it because our child no longer meet any of the three criteria; namely about an hours care a day, or repeated care through the night. Yet our claim form clearly shows these are met. The letter makes no mention of the consultants letter submitted. Our child still has severe fecal impacting which causes her pain, distress and soiling. She has to take movicol daily with large doses every six weeks. We also spend long periods of the day - at least half hour two or three times daily - persuading her to sit on the toilet.
I am at a loss a to why this has been discounted.
I want to ask for a reconsideration but not sure how to go about it. Any ideas?

Hi,

As other moderators have advised, I wouldn't bother asking for a reconsideration, but go straight for appeal rather than request reconsideration which if it fails, it means you then have to request an appeal. All appeal requests are automatically 'reconsidered by the DWP before being passed to the Tribunals Service to action.

I'd also recommend that you seek a benefits adviser/ welfare rights officer to assist you in your appeal.

As I don't know the area in which you live, then I'd just Google benefits advice or tribunals advice but include the town/city in which you live and that should find an adviser in your area.

Good luck. If I can be of further assistance in helping you locate an adviser, just post again
and I'll do my best to help you.

Jim
retired WRO & former DLA Tribunal Member.