Hi there
Ive never posted before, but have picked up so much useful information and advice from other peoples posts that I thought that here would be the perfect place to ask for help! :-)

My son has just turned 5yrs and is diagnosed with Autism. He receives DLA care at the high rate and we have decided to take the mobility decision part to tribunal as he was denied high rate mobilty. The reasons given were that he did "display an arrested state of brain development" but that his "refusal to walk was a conscious decision". This we obviously did not agree with as he has no understanding or awareness of the consequences of his actions or 'bad' behaviour, and to a make a "conscious decision" surely you need this? Not only that, the decision was made by a nurse, not a doctor or professional who specializes in autism.

We have finally been given a tribunal date for three wks time, I now have a more up to date school report which is far more detailed than the original one used and also an OT report which we did not have with the first application.Does anyone have any more advice on what to submit before the hearing or for the day itself? I'm really nervous about being asked lots of questions and not being clear enough or explaining well enough in my answers so any advice or info would be very much appreciated! thank you!!

Personally I wouldn't feel the need to submit anything in advance. But it won't do any harm to submit the reports.

When we had our appeal at the end of November (not for motability, but just DLA), the people were lovely. You will have a medical expert, a caring expert, and for want of a better word a "judge" (just a nice person in a suit to make sure that everything's above board).

The two experts are NOT affiliated with DWP and will ask you about your day-to-day routine.

The caring expert will be the one who has the most influence, and from the limited info you've given here, it seems that you should be fine with him/her. They have had experience of similar things, unlike the person who will barely have read your DLA application form.

The fact is whether it's a consious decision is irrelevant. It happens and it's a direct cause of his illness. That alone should see you through.

Trust me, it's not as scary as you might think! All the best!

Hi i think the govement really need to think about making a middle rate for mobilty as well as there is a difference between needing superision while out which is what the low rate is for and not being able to walk at all which is what the high rate is for, and by what you have said your child sits somewhere in the middle, and i think it is unfare for them to give you low rate, when the difference in the money you get is quite a lot. What do other people get when they have a child with autism, my 12 year old with mild autism gets low rate but he will walk and just needs someone with while out so for him i think its fair.but i have a 4 year old with Angelman syndrome that cannot walk at all and she gets high rate which is right for her.Nat

(01-11-2012 02:54 PM)halibut2209 Wrote:  Personally I wouldn't feel the need to submit anything in advance. But it won't do any harm to submit the reports.

When we had our appeal at the end of November (not for motability, but just DLA), the people were lovely. You will have a medical expert, a caring expert, and for want of a better word a "judge" (just a nice person in a suit to make sure that everything's above board).

The two experts are NOT affiliated with DWP and will ask you about your day-to-day routine.

The caring expert will be the one who has the most influence, and from the limited info you've given here, it seems that you should be fine with him/her. They have had experience of similar things, unlike the person who will barely have read your DLA application form.

The fact is whether it's a consious decision is irrelevant. It happens and it's a direct cause of his illness. That alone should see you through.

Trust me, it's not as scary as you might think! All the best!

Thanks ever so much for that info, its really helped put my mind at ease-I guess it was the 'not knowing' that was making me worry. The letter was sent to me and has no mention of taking my son with me to the tribunal? I'm assuming that this is not necessary for a child, as there's no way he'd be able to cope with that kind of situation anyway, and I certainly wouldn't be able to focus on answering their questions! lol thanks again :-)

How did it go?