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(12-06-2009, 12:41 PM)loulou Wrote: Hi everyone,

I have decided to take my sister. I cannot bear the thought of this dragging out any longer to be honest. I feel my son fits all the criteria and I am the one that knows my son best. Just hope that I will be able to explain it to the best of my ability on the day.

Does anyone know how the tribunals are?? What happens etc.

I am very nervous but want it over and done with.

Many thanks xx
Well Lou,
More than 50% of all Disability Living Allowance (DLA) appeal tribunals are successful and odds as high as 70% if you attend an appeal tribunal with a representative.
A tribunal hearing is 'inquisitorial' which means it will ask you questions, for example about what's in your claim pack, perhaps to confirm some of the information you've given but dont worry they do not cross examine like in a criminal court.
There is a medical examiner on the panel usually but they can only ask questions and not actually perform any examination of your child.
The proceedings are very informal, with all parties usually sitting round a table.
You will sit at one side of the table and the panel will sit on the other side.
The person that sits in the middle of the panel is the Chair. They are a solicitor who should know a lot about benefits.
They are a bit like the judge, but the other two members of the panel have to agree to the decision too.
The panel will then introduce themselves and explain what will happen during the hearing.

Remember the panel do not work for the DWP. They are independent, and they are here to see that you get the benefit if you can show you are entitled to it.

The DWP have a right to send somebody to your appeal to explain why they made their decision. Do not worry about this though. It will not be the person that made the original decision about your claim.

Remember it is YOUR appeal. You can have a break whenever you want. If you get upset and need a few moments to compose yourself - just ask for a short break.
However, don't go too far. If you ask for too many breaks, you might annoy the panel and you'll be dragging it out for yourself too.

If you do get some DLA already and are asking for a higher rate, you can stop the hearing completely at any time. This will also stop your appeal. If you do this, the Tribunal will not be able to take away the benefit you get at the moment.
It is only a good idea to do this if you think that the hearing is going so badly that the panel may think you should get less benefit than you currently get.

They also refund reasonable costs for you attending your hearing for example travel allowances,lunch,and work missed :cmas_emoticon066:
I would suggest making some very strong bullet points with main care needs and getting these printed up and taking them along with you as prompt cards so you dont forget things.
What would you say are your childs main care needs and lets try and word these for you....:cmas_emoticon066:
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is this the process of appeal? so i had decided to appeal the middle rate care i get for my two is this (what lou is doing) what would happen?
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but you filled out the forms to re-apply didnt you? lou is going through appealing aginst their decision which you take to tribunal! so say if after you fill out the forms and they dont give you the answer you want then you start going through this process.

xx
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Hi Daniel and thanks for the reply - at least I know what will happen.

My sons main care needs are destructive and dangerous behaviours, night care - he doesn't really sleep, often going to bed after midnight or sometimes later or wakes throughout the night, lack of awareness of danger, understanding,self care help i.e feeding, sleeping, dressing, washing, toileting. Social communications and interaction, anxiety, sensory issues. Adaptive behaviours really.

Lots of things really Daniel.

They are denying the mobility as my son has an average IQ. But I am arguing as this IQ does not give a true representation of my son.

The psychologist who administered the IQ test told me that my son was able to tell me what to do if there was a fire in the house - he said he would call 999. But I told her that my son doesn't even know why a phone rings. I told him to answer the phone and he screeched 'baa baa black sheep' down the line and the caller put the phone down. Another time I told him to say 'hello' so he did and the caller asked 'is mummy there' my son replied 'yes' and put the receiver on the sofa and carried on what he was doing. So I am saying that despite knowing the correct answers, he cannot apply this knowledge 'usefully'.

It is the same with roads - he could say what he is supposed to do but does not apply this usefully.

They have admitted that he has arrested development of the brain, that he has extreme destructive behaviour. But because of his IQ they say he has not got severe impairment of intelligence. My sons psychologist has written to them and said she fully backs my appeal and my son has severe impairment of social functioning. Now it is my understanding that despite having this average IQ, they should take into consideration whether this is an adequate reflection of my sons intelligence and they should consider the behaviours and if they are consistent with severe impairment of intelligence.

And as his mum, I feel his IQ does not show this reflection. He is constantly putting everything in his mouth -in the past two weeks he has eaten polystyrene, one of my sleeping tablets, heads off his toys, magnets. He has a thing about water and I found him pouring water into his volcano lamp which was turned on at the time. He leaves plugs in the bath and sink and flooded the bathroom when we went away for a couple of days. He climbs on everything, hits strangers, family , teachers, smashes things up .........The list is endless to be honest.

I shall stop waffling now!! But any help would be appreciated.
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(12-07-2009, 09:52 AM)loulou Wrote: Hi Daniel and thanks for the reply - at least I know what will happen.

My sons main care needs are destructive and dangerous behaviours, night care - he doesn't really sleep, often going to bed after midnight or sometimes later or wakes throughout the night, lack of awareness of danger, understanding,self care help i.e feeding, sleeping, dressing, washing, toileting. Social communications and interaction, anxiety, sensory issues. Adaptive behaviours really.

Lots of things really Daniel.

They are denying the mobility as my son has an average IQ. But I am arguing as this IQ does not give a true representation of my son.

The psychologist who administered the IQ test told me that my son was able to tell me what to do if there was a fire in the house - he said he would call 999. But I told her that my son doesn't even know why a phone rings. I told him to answer the phone and he screeched 'baa baa black sheep' down the line and the caller put the phone down. Another time I told him to say 'hello' so he did and the caller asked 'is mummy there' my son replied 'yes' and put the receiver on the sofa and carried on what he was doing. So I am saying that despite knowing the correct answers, he cannot apply this knowledge 'usefully'.

It is the same with roads - he could say what he is supposed to do but does not apply this usefully.

They have admitted that he has arrested development of the brain, that he has extreme destructive behaviour. But because of his IQ they say he has not got severe impairment of intelligence. My sons psychologist has written to them and said she fully backs my appeal and my son has severe impairment of social functioning. Now it is my understanding that despite having this average IQ, they should take into consideration whether this is an adequate reflection of my sons intelligence and they should consider the behaviours and if they are consistent with severe impairment of intelligence.

And as his mum, I feel his IQ does not show this reflection. He is constantly putting everything in his mouth -in the past two weeks he has eaten polystyrene, one of my sleeping tablets, heads off his toys, magnets. He has a thing about water and I found him pouring water into his volcano lamp which was turned on at the time. He leaves plugs in the bath and sink and flooded the bathroom when we went away for a couple of days. He climbs on everything, hits strangers, family , teachers, smashes things up .........The list is endless to be honest.

I shall stop waffling now!! But any help would be appreciated.

Right lets start from the begining.
So you mention the frequent late nights,how does he sleep once he has finally gone to sleep?
How often does he wake up throughout the night and how often 4-5 times a week?Or less?
And was this written on the dla application form?

Also did DLA turn you down on the basis that your son does not have a severe mental impairment?
As autism in children can be classed as a phyiscal disability because it is classed as a organic brain dysfunction which in turn can affect pysical behaviour

You should then list examples of the following situations and explain how your son would react:

Would you son understand that emergency vechicles can travel down both sides of the road?

Lack of attention caused by obsesions such as stopping to read number plates,as it is known for children to stop in the middle of a road and do this?

Any phobias such as crowds or dogs?

Abnormal responses to sensations e.g difficults judging distances or speed of cars or the way they deal with loud noises for example some children stand still and cover there ears and refuse to move.

If your son does meet the above criteria then i suggest using words such as Mental disability or say your son has a disability of the mind which results in abnormally aggressive behaviour or behaviour which is likely to cause him and others harm.

An IQ score of 55 or less is very likely to pass the test of severe impairment of intelligence.
The test of severe impairment of social functioning will then be
considered separately.
However, where the IQ score is higher than 55 or where is no IQ test available, the decision maker must consider all the available evidence to decidethe level of the claimant’s ‘useful intelligence’.
Guidance issued in December 1999 says that the decision maker should decide whether the claimant has the ability to solve abstract tests but
is unable to apply that intelligence to ‘real-life’ situations and in your case it sounds like it does not seem possible.

My one strong piece of advice here now would be:

Write on 3 pieces of paper MORNING,AFTERNOON AND NIGHT

On each of these pieces of paper write down every single piece of care you provide that is not needed in a child without his condition.

So every single tantrum how long it lasted and what happened did you get hit or punched?
Write down those moments they have a tantrum and throw things every where and what it consisted of and how long it took you to deal with the tantrum and how long it took you to tidy up.

All these llittle things need documenting.

On the night time one write down how many times you awake and how long it takes to resolve this.

Its all about documenting everything and also take these along with you to the tribunal as these could assist you when you tell the panel about care needs needed.
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