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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??
1 like, 10 replies
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les59996 davinia79
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Expect the worst but hope for the best
davinia79 les59996
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greg6187 davinia79
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les59996 greg6187
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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!
anthony97723 davinia79
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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.
davinia79 anthony97723
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anthony97723 davinia79
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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.
davinia79 anthony97723
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anthony97723 davinia79
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davinia79 anthony97723
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