can you help with Child T1 DLA advice

[am64]

my hubby is going to go to a tribunal to support a client whose daughter is T1 aged 14 and has had her DLA stopped. appeal was submitted and tribunal date is Thursday next week... any advice would be very gratefully appreciated .

 

[Redkite]

Hi, this is becoming more common, ie. DLA claims being turned down and parents having to go to appeal. The key thing to demonstrate is that the child needs more care and supervision than other children her age who do not have diabetes. For example, if her parents get up in the night to test her BG levels and treat hypos/highs, this is clearly NOT something that most 14 year old children need. Much weight is given to "medical evidence", so a good letter from the girl's clinic team would be helpful, but make sure it isn't open to misinterpretation - my son's consultant had described him as having "excellent glycaemic control" and the DWP interpreted that as meaning his diabetes had "got better" and he didn't need any help! His DSN wrote a letter for our appeal saying that he only had excellent control as a result of the help and supervision he gets 24/7! We won our appeal without having to go to tribunal. Good luck 🙂

 

[am64]

Thanks for that ...my husband will include this information in the discourse at the tribunal ...very useful information🙂

 

[am64]

bumping this as the tribunal is tomorrow ...he is looking particular for info about the effect of hypos on the youngsters ie how they need additional attention etc.
the teenager has got good control and is very conscientious that's why they are saying she doesnt need extra support 🙄

 

[novorapidboi26]

It sounds as though he might need to focus on the effect it has on the parents.....if the girl has good control and has a pro active attitude, what are the chances....?

 

[am64]

It sounds as though he might need to focus on the effect it has on the parents.....if the girl has good control and has a pro active attitude, what are the chances....?

thank you he had wondered about that as single Dad is main carer ...

 

[novorapidboi26]

fingers crossed he get something if he needs it.......🙂

 

[Redkite]

thank you he had wondered about that as single Dad is main carer ...

No they won't care about the effect on the parents (that is totally irrelevant!) - it is the care needs of the child that must be demonstrated. You must clearly show that the child needs substantially more help and supervision than other children her age who do not have diabetes. Even though she has good control, what support does she need to achieve this? For example, "X practises tight control of her BG levels to avoid developing the complications of diabetes; however, this tight control leads to a greater frequency of hypoglycaemia events. When X has a hypo, she may become confused and require assistance from another person. An untreated hypo may lead to X becoming unconscious and could even be fatal. Hence she needs care and supervision from responsible adults, particularly during events such as school sports and examinations, when the risk of hypoglycaemia is increased. X had --- hypos last month (give an idea of quantity). School staff have protocols to follow in X's school healthcare plan. Her peers who do not have diabetes do not require this extra care from school staff." If her parents test her BG level during the night, again mention this fact, and point out that other children without diabetes do not need a parent to check on them every night to prevent a fatal hypo occurring! There is an assumption that by the age of 14 a child can just wake up if hypo and drink some lucozade left on their bedside table, but most children do not wake when hypo, so if this is the case for this girl, make sure it is stated that she has hypo unawareness when asleep. Also, if she has been on any school residential trips, refer to the planning process that had to be done with the school staff to ensure her safety and care on the trip - then contrast that with the other pupils who went and needed no such input.

Good luck! 🙂

 

[am64]

again thank you so much for the info ...will let you know in due course how it goes ...
BTW they are having to travel 45 miles to attend this appeal !

 

[Redkite]

That's a heck of a long way! Do let us know how it goes.

 

[Steff]

Am good luck to C today x

 

[am64]

YES SUCCESS ! Hubby meeting with tribunal today was a success ! ..well for another year at least ... Thank you for all your advice

 

[Redkite]

Oh that's really good news! 🙂

 

[Steff]

YES SUCCESS ! Hubby meeting with tribunal today was a success ! ..well for another year at least ... Thank you for all your advice

Amanda that's great news , all that hard work and the right result at the end