Hello

Just wondered if anyone had been through this process for dla?

We have been granted permission to appeal to the upper tribunal after first tier appeal was refused

One of the main reasons it was refused was that we didnt have have a diagnosis for my 6yr old son (although he is on equasym and seeing a pyschologist and adhd nurse for his adhd like behaviour) We argued that the DLA forms stated that you did not need a diagnosis to be able to claim
His older brother gets dla for his aspergers, and had yet to get his diagnosis when he was awarded dla (on first appeal)
Just wondered whether anyone else had one appeals on this point, or hear your views?

(01-19-2011 09:02 PM)loussie2 Wrote:  Hello

Just wondered if anyone had been through this process for dla?

We have been granted permission to appeal to the upper tribunal after first tier appeal was refused

One of the main reasons it was refused was that we didnt have have a diagnosis for my 6yr old son (although he is on equasym and seeing a pyschologist and adhd nurse for his adhd like behaviour) We argued that the DLA forms stated that you did not need a diagnosis to be able to claim
His older brother gets dla for his aspergers, and had yet to get his diagnosis when he was awarded dla (on first appeal)
Just wondered whether anyone else had one appeals on this point, or hear your views?

Hi all

Update- secretary of state ( i think) has ruled that my case should be heard again by a new tribunal panel as he agrees the original panel were wrong on a point of law for refusing turning down the claim one the basis that my son did not have a diagnosis and that this was needed to be considered for DLA. But have also been told the new panel may not agree with his decision. Fingers crossed

A diagnosis is not needed to be able to claim dla as it goes on care needs?
Maybe your luck has started to improve

Thanks, I really hope so. The main obstacle seems to be the school report which painted him as having no problems, this was from his reception teacher who had known him for a few weeks and who he was besotted with. This was in 2009 and now he is in yr 1 and it is more structured with less play and he is having trouble concentrating and has to sit at the front, also gagging and bringing up his lunch as he says the other children have food in their hair (they dont), so quite a different picture now

School reports are the devils work in many cases and its really frustrating it weighs so heavily in the final decesion.
I think its wrong to give the school the majority importance in the whole process and its about time its reviewed.