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DLA .. Tribunal Outcome

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This thread is now closed. Please contact Anna DUK, Ieva DUK or everydayupsanddowns if you would like it re-opened.
S

sasha1

Well-Known Member
Relationship to Diabetes
Parent of person with diabetes
Hi All ....

Thank god thats over .... lol ....

Here's the outcome :

The tribunal sided with the DLA as regards to Nathan only being entitled to the Middle Rate Care Component ..... I fought his corner big time .. but unfortunately they stuck with the original decision ..... BUT ......:D

I challenged the DLA regarding entitlement for low rate mobility ... The DLA ... point blank refused saying he was not blind, had legs, could walk etc etc .... But the Tribunal favoured me for this and a unanimous decision was made that the DLA were wrong and MUST award Nathan the lowest rate ...... YESSSSSS..

I will post more on the tribunal itself in a bit .. so any parent or person will no what to expect .... And I also want to post a massive big thank you to you all .... and Adrienne :D ... for all your help, support and good luck wishes ... Love you all ..

Heidi
xx🙂
 
Heidi,

Phew I bet you're glad it is over!! You're an inspiration!

Congrats on getting a result out of it, well battled.

Now go and have a glass or two!!
 
well done for getting the extra entitlement heidi, great news 🙂
 
Well done Heidi -- I bet you feel a weight has been lifted! Look forward to hearing more about it...

Patricia
 
Oh well done you, these situations are awful but you pulled through. Be proud x

Julie xx
 
Well done Heidi, will be interested to hear details when you are rested and feel up to it - go off and relax for a while, you deserve it!🙂
 
I've already said my congrats but here's a hug anyway .>> you're fantastic !! ((((((HUGS)))))) XXXXXXX :D:D:D:D
 
Hey way to go. Sorry you didn't get the first bit, I think it is disgusting and I would like to see what would happen if their children got type 1. Wonder if it would set a precedent.

Its so annoyed as loads of us on the cwd site get higher rate, its ridiculous and all for the same reasons that you stated. Its madness. Can you appeal that bit or is it a case of enoughs enough.

However huge congratulations re the lower mobility. Great stuff. The thing is, it is not about the money really (although I couldn't do without the money as I can't work in a proper job) it is the principle. They have acknowledged you and the problems. Brilliant.

:D
 
PS I posted your message without Nathan's name on the email list, a couple have asked me how it went. Hope you don't mind.
 
hi heidi thats such great news im so pleased xxxxxx
 
Adrienne said:
Hey way to go. Sorry you didn't get the first bit, I think it is disgusting and I would like to see what would happen if their children got type 1. Wonder if it would set a precedent.

Its so annoyed as loads of us on the cwd site get higher rate, its ridiculous and all for the same reasons that you stated. Its madness. Can you appeal that bit or is it a case of enoughs enough.

However huge congratulations re the lower mobility. Great stuff. The thing is, it is not about the money really (although I couldn't do without the money as I can't work in a proper job) it is the principle. They have acknowledged you and the problems. Brilliant.

:D
Click to expand...

Thank you Adrienne ...

Especially for all the help and advice you gave me yesterday .. :D

I must admit I'm a bit gutted about the middle rate of care .. For all the reasons we have discussed ... However I think the sticking point on this is Nathan's age .. not that it is any justification or true reason ... He is still TYPE 1 .... and risks are still there etc ..

The panel itself consisted of, Chairman .. Dr .. and Disability Lawyer .

I have the right to appeal further to second tier ... So I may give this some thought.

It seems every parent gets a different amount of DLA ... Nathan's DSN also commented on the vast differences in each case and how it was worked out ... maybe in the future one rate will apply .... and I still believe that to be the highest rate ...

I am made up with the award for lower mobility though ... because the DLA .. said no way ... At least I challenged and won .. 🙂

As you say its not about the money ... far from it ... As we all would on here gladly give every penny we have away for our children not to have diabetes .... IF ONLY ... But it does help .. and it is what Nathan is entitled to in his own right ...

Certainly pass over to the other forum my experiences and if I can help in anyway regarding appeals .. DLA .. Tribunals ... please get in touch ... I will PM you my telephone number ... so please feel free anytime to get in touch..

Many thanks again ...

Heidi
xx🙂
 
Well done Heidi!

Great news about the mobility - although i have no idea what this is!😱

It is awful that some get high rate and some dont. A is on middle rate - i havent questioned it - too stressed about the diabetes side of things - maybe one day i will.🙂Bev
 
Well done You !!

Sleep a little sounder tonight - but it's a pity you didn't get a better "slice of the cake",

All good wishes,
 
Hi Heidi

Well done on the mobility! I bet you are a bit frustrated over the middle rate though. It is utter madness that it is awarded at different levels although i know that some parents do do night care where others don't and you would expect there to be a difference. However, knowing that you do the night care it's just not right that you have not been awarded it. :( As you say, i think his age comes into it a lot......Not that that makes any difference either!!!

Grrr!!
 
Great news, Heidi! Well done for fighting your corner! 🙂🙂
 
Heidi - congratualtions. Middle Rate Care, Lower Rate Mobility - what's the timescale ie when does this award end? Typically, day before 16th birthday.
Panel consists of legally qualified chair, medical doctor and disability specialist, who may be disabled themselves, a health professional or social worker or a carer for disabled family member. Sometimes the disability specialist is a combination eg a disabled person who is also a lawyer or a health profession who also has a disability or cares for a disabled familiy member.
All members of the panel receive specialist training in the relevent issues and laws - and they can't change the law, however much they disagree with it. For example, they have to assess the situation that occurs most of the time. Higher Rate Mobility is currently paid only to those who are unable or virtually unable to walk, with a special case for severe mental impairment, although those with very serious sight impairments will be added soon. Lower Rate Mobility is for whose who need someone with them when walking outdoors. Children need care substantially in excess of children of their age without their problems.
 
Well Done Heidi - must be an absolute weight off your mind.
 
sasha1 said:
Hi All ....

Thank god thats over .... lol ....

Here's the outcome :

The tribunal sided with the DLA as regards to Nathan only being entitled to the Middle Rate Care Component ..... I fought his corner big time .. but unfortunately they stuck with the original decision ..... BUT ......:D

I challenged the DLA regarding entitlement for low rate mobility ... The DLA ... point blank refused saying he was not blind, had legs, could walk etc etc .... But the Tribunal favoured me for this and a unanimous decision was made that the DLA were wrong and MUST award Nathan the lowest rate ...... YESSSSSS..

I will post more on the tribunal itself in a bit .. so any parent or person will no what to expect .... And I also want to post a massive big thank you to you all .... and Adrienne :D ... for all your help, support and good luck wishes ... Love you all ..

Heidi
xx🙂
Click to expand...

well done heidi, you are so brave for fighting the courts, not everyone would. Dont know what all these rates etc mean, but sound like you have done well. 🙂
 
Hi All ...

I noticed the question on the time scale of the award ... as stated it will be till the day before Nathan's 16th Birthday ... I will however be entitled to claim again ... some children are entitled to certain DLA .. up until 17 or 18 .. again depending on circumstances etc ... and again not all children will receive it .

Heidi
xx🙂
 
Status
This thread is now closed. Please contact Anna DUK, Ieva DUK or everydayupsanddowns if you would like it re-opened.
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