- Posts: 8
× Members
How many DLA Assessments?
- orfoster
- Topic Author
- Offline
Less More
8 months 2 weeks ago #289724 by orfoster
How many DLA Assessments? was created by orfoster
Hey!
Love this site!
I’ve submitted a DLA claim for my daughter, it was received by DWP on 27 Feb, I’m curious to know if all new DLA claims have assessments? What %? I’m not worried about it at all but I see for PIP there are statistics but not for DLA.
Also, she’s 8 so I assume it’s the parent that attends by phone?
Love this site!
I’ve submitted a DLA claim for my daughter, it was received by DWP on 27 Feb, I’m curious to know if all new DLA claims have assessments? What %? I’m not worried about it at all but I see for PIP there are statistics but not for DLA.
Also, she’s 8 so I assume it’s the parent that attends by phone?
- BIS
- Offline
Less More
- Posts: 8502
8 months 2 weeks ago #289734 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic How many DLA Assessments?
Hi orfoster
Yes, all DLA claims have assessments—but the assessments may be paper-based, telephone, video or face-to-face. So it is possible that you may just get a decision from them, e.g., a paper-based assessment has been carried out. Or they could contact you for additional information and then complete a paper-based assessment, or they could request one of the other types of assessments. I haven't seen any figures anywhere on which assessment type is used.
If it's a phone assessment - yes, you will speak on behalf of your daughter, but depending on her disability, it is possible that an assessor may want to speak to your daughter on a limited basis.
BIS
Yes, all DLA claims have assessments—but the assessments may be paper-based, telephone, video or face-to-face. So it is possible that you may just get a decision from them, e.g., a paper-based assessment has been carried out. Or they could contact you for additional information and then complete a paper-based assessment, or they could request one of the other types of assessments. I haven't seen any figures anywhere on which assessment type is used.
If it's a phone assessment - yes, you will speak on behalf of your daughter, but depending on her disability, it is possible that an assessor may want to speak to your daughter on a limited basis.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- orfoster
- Topic Author
- Offline
Less More
- Posts: 8
5 days 18 hours ago #297813 by orfoster
Replied by orfoster on topic How many DLA Assessments?
Good afternoon,
Re my daughters DLA Claim, since Feb 24 she was firstly awarded middle care and low mobility, I submitted an MR, this was increased to higher care and lower mobility. MR Decision is dated 25 November.
However, when looking at your fact sheet I do still feel she should get higher rate mobility, some of these may not count but if I summarise below.
H has been bitten by dogs in the past while walking on one occasion she was taken to A&E and has facial scaring as a result, she will walk up to strangers and random dogs and requires close supervision at all times.
On walking to school we have to leave quite early to get there if walking, it takes her around 7-8 minutes to walk 50 metres and during this time there will be complaints of leg pains, refusal to walk further, turning around to go home, stopping with distractions. It takes her significantly longer to walk than her younger siblings or those at the same age, she will have incredibly regular tantrums on the walk home from school as well.
The DWP have noted in their decision 1) she told the Autism clinician she can ride a bike and scooter, this is true but will not do this due to fear of hurting herself – something which she is seeing CAMHS for currently 2) they note and accept she walks slowly but can walk.
I am considering putting in an Appeal as they acknowledge that she walks slowly but it doesn't seem enough and I don't understand why because in my view she's quite slow, protests, won't leave the house etc.
Re my daughters DLA Claim, since Feb 24 she was firstly awarded middle care and low mobility, I submitted an MR, this was increased to higher care and lower mobility. MR Decision is dated 25 November.
However, when looking at your fact sheet I do still feel she should get higher rate mobility, some of these may not count but if I summarise below.
H has been bitten by dogs in the past while walking on one occasion she was taken to A&E and has facial scaring as a result, she will walk up to strangers and random dogs and requires close supervision at all times.
On walking to school we have to leave quite early to get there if walking, it takes her around 7-8 minutes to walk 50 metres and during this time there will be complaints of leg pains, refusal to walk further, turning around to go home, stopping with distractions. It takes her significantly longer to walk than her younger siblings or those at the same age, she will have incredibly regular tantrums on the walk home from school as well.
The DWP have noted in their decision 1) she told the Autism clinician she can ride a bike and scooter, this is true but will not do this due to fear of hurting herself – something which she is seeing CAMHS for currently 2) they note and accept she walks slowly but can walk.
I am considering putting in an Appeal as they acknowledge that she walks slowly but it doesn't seem enough and I don't understand why because in my view she's quite slow, protests, won't leave the house etc.
- BIS
- Offline
Less More
- Posts: 8502
5 days 17 hours ago #297815 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic How many DLA Assessments?
Hi orfoster
From what you've said, I suspect they think the slowness is 'choice', not because she can't. (I could be wrong).
I don't know what you've told them, but you may need to clarify what happens to her most of the time. I notice in your post - you say ''if walking''. Do you walk most days with her?
She has tantrums - how often are they? What happens when she has them? How does she cope with the aftermath? Is it affecting her self-esteem?
If she stops, how long does she stop for? How do you get her to walk any further? What other symptoms is she experiencing? (breathlessness, shaking etc)
If she's walking up to random strangers and dogs that makes her very vulnerable and I would emphasise the fact that she is unaware of the potential danger. That close supervision is not something that all parents have to do.
What about the pain in her legs? Is this a temporary pain or does it continue? What is the pain linked to? Does the pain slow down her pace?
They obviously aren't accepting her slowness alone, and I don't think they will unless you can paint a full picture of the impact. on her. 7 - 8 minutes is slow - but without emphasising the other issues, they won't think it's a big deal. I disagree with them - but I'm not the person you have to convince!
BIS
From what you've said, I suspect they think the slowness is 'choice', not because she can't. (I could be wrong).
I don't know what you've told them, but you may need to clarify what happens to her most of the time. I notice in your post - you say ''if walking''. Do you walk most days with her?
She has tantrums - how often are they? What happens when she has them? How does she cope with the aftermath? Is it affecting her self-esteem?
If she stops, how long does she stop for? How do you get her to walk any further? What other symptoms is she experiencing? (breathlessness, shaking etc)
If she's walking up to random strangers and dogs that makes her very vulnerable and I would emphasise the fact that she is unaware of the potential danger. That close supervision is not something that all parents have to do.
What about the pain in her legs? Is this a temporary pain or does it continue? What is the pain linked to? Does the pain slow down her pace?
They obviously aren't accepting her slowness alone, and I don't think they will unless you can paint a full picture of the impact. on her. 7 - 8 minutes is slow - but without emphasising the other issues, they won't think it's a big deal. I disagree with them - but I'm not the person you have to convince!
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: orfoster
- orfoster
- Topic Author
- Offline
Less More
- Posts: 8
3 days 16 hours ago #297951 by orfoster
Replied by orfoster on topic How many DLA Assessments?
Hi BIS,
Thank you so much for getting back to me, super helpful!
We try to walk with her as we live relatively close to the school and parking is an issue but I would say we drive about 50% of the time due to her walking. Tantrums on the way home, I would say 70% of the time, the aftermath isn't good, it then makes the journey far far longer because it won't just stop and her recover then at home it will take a while for her to settle.
She's had pain in her legs for years, this is partly because she doesn't drink water at school due to sensory issues we cannot get her to just drink water and we think this causes her to have pains in her legs and a recent kidney infection too. We have to wait to get her to walk further or she will continue in tears saying her legs hurt.
I completely see what you're saying, so would statements from parents and other witnesses help with this?
Thank you so much for getting back to me, super helpful!
We try to walk with her as we live relatively close to the school and parking is an issue but I would say we drive about 50% of the time due to her walking. Tantrums on the way home, I would say 70% of the time, the aftermath isn't good, it then makes the journey far far longer because it won't just stop and her recover then at home it will take a while for her to settle.
She's had pain in her legs for years, this is partly because she doesn't drink water at school due to sensory issues we cannot get her to just drink water and we think this causes her to have pains in her legs and a recent kidney infection too. We have to wait to get her to walk further or she will continue in tears saying her legs hurt.
I completely see what you're saying, so would statements from parents and other witnesses help with this?
- BIS
- Offline
Less More
- Posts: 8502
3 days 14 hours ago #297956 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic How many DLA Assessments?
Hi orfoster
If you can get a statement from anyone who can back up what they've seen, it's always worth including it in your appeal
In terms of her journey to school I think you should emphasise the fact that she does not meet the 'reliability criteria'
Regulation 4(2A) PIP Regs 2013 provides that all PIP descriptor activities have to be completed
• safely
• repeatedly
• to an acceptable standard
• within a reasonable time
This is the so called 'reliability' criteria - all 4 must apply- if you fail to meet even just one of the four this indicates you can't do that descriptor and may need help, an aid or actually can not do the task
Safely - is there a substantial risk that harm might occur? Because of her mental health, she has a need for supervision. Tantrums are a safety issue to herself and to others causing you sometimes to have to return home.
Acceptable standard is not defined but kind of means the level of completion expected by others. So as well as her mental state on the walk she also has to endure pain due to sensory issues. I would argue that this is not to an acceptable standard. Her peers certainly aren't in the same position.
Reasonable time- this is defined as no more than twice that of a non-disabled person. You've already told them she takes longer than her peers - but you need to highlight it again.
Repetition - Highlight this when you have to take her home and then try again. How is she at the end of the day? If she's had a tantrum in the morning, do you have to take a car journey?
You may not be able to argue all four of these to their satisfaction, but I would go for it. If they agree with you over one then they will say that she does not meet that criteria.
BIS
If you can get a statement from anyone who can back up what they've seen, it's always worth including it in your appeal
In terms of her journey to school I think you should emphasise the fact that she does not meet the 'reliability criteria'
Regulation 4(2A) PIP Regs 2013 provides that all PIP descriptor activities have to be completed
• safely
• repeatedly
• to an acceptable standard
• within a reasonable time
This is the so called 'reliability' criteria - all 4 must apply- if you fail to meet even just one of the four this indicates you can't do that descriptor and may need help, an aid or actually can not do the task
Safely - is there a substantial risk that harm might occur? Because of her mental health, she has a need for supervision. Tantrums are a safety issue to herself and to others causing you sometimes to have to return home.
Acceptable standard is not defined but kind of means the level of completion expected by others. So as well as her mental state on the walk she also has to endure pain due to sensory issues. I would argue that this is not to an acceptable standard. Her peers certainly aren't in the same position.
Reasonable time- this is defined as no more than twice that of a non-disabled person. You've already told them she takes longer than her peers - but you need to highlight it again.
Repetition - Highlight this when you have to take her home and then try again. How is she at the end of the day? If she's had a tantrum in the morning, do you have to take a car journey?
You may not be able to argue all four of these to their satisfaction, but I would go for it. If they agree with you over one then they will say that she does not meet that criteria.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: orfoster
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David