Child Dla stopped??

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Last year my 13 year old daughter was awarded Dla due to having PTSD however after a year it stopped. So I reapplied for it but was turned down saying she didn't meet the criteria but to cut a long story short I am now going through a tribunal appeal which has been ajourned to collect more evidence can anyone tell me what my chances could be of winning this case??

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10 Replies

  • Posted

    Chances?? No one can tell you that - it depends on the evidence you submit, how you and your daughter present the case and how minded the Tribunal are on the day.

    Expect the worst but hope for the best

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    • Posted

      Thanks for that les I am certainly hoping for the best she qualified the first time just don't understand what's changed
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  • Posted

    I am no expert but have gone through PIP Process, I have to agree a solid case needs to be presented and I suggest you seek appropriate help. DLA & PIP are evaluated using different criteria that is why DWP stop Benifits and start new evaluations, DLA was awarded on points for medical and mental illness but PIP is awarded on how conditions affect a persons everyday activities and points system is harder to achieve.
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    • Posted

      Can I just clarify that please?

      There was no points system with DLA. It was based entirely on the case as it was presented.

      However and as you say, PIP is not only points based but also descriptor based.

      Much like trying to fit a square peg in a round hole, the round hole being the PIP descriptor and the peg the day to day difficulties that the disabled person has to cope with.

      Many a seriously disabled person has failed in their claim for PIP, be it that their medication should remove all or most of those difficulties, that aids can be used instead of needing someone to help you.

      However I have also seen cases where the enhanced rates have been awarded for both Care and Mobility for people that clearly have some needs but not as much as others that fail the PIP test.

      To be honest it's a terrible one size fits all system much akin to the ESA assessment where people were actually dieing but were told to get a job!

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  • Posted

    Hi Davinia

    As your daughter is still under 16 then she is applying for Disability Living Allowance rather than PIP so the descriptors etc. do-not apply and as Les said it is purely down to the case that you provide.

    I know with Children there is a criteria where the child is assessed on the grounds of their age. Most 3 years won't dress themselves or go out alone. However, a 13 year old would be expected to dress themselves and go out alone.

    If there is a need for you to dress/prompt to dress t 13 year old, or accompany her on all journeys because she is unable to find her way around or is a danger to herself and others, then that would be grounds for DLA.

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    • Posted

      Hi Anthony and thanks yes my daughter is able to dress herself go to school herself but does not leave the house at any other times she doesn't socialise with other kids and is a self harmer and has to be watched at all times and does see a psychologist on a weekly basis so I certainly believe we have a good enough case to qualify for dla
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    • Posted

      Hi Davinia

      As your daughter is a self harmer then obviously she has to be accompanied when outside the home. Dressing was given as an example although even if your daughter can dress herself she would need to be able to choose appropriate clothing, i.e. school uniform for school etc. If she can't then your intervension is classed as personal care.

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    • Posted

      So on those grounds would that mean I should be entitled as she is also a danger to her sibling who is 6 as she cannot to trusted to be left alone with her as she has tried to attack her on several occasions
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