# Appeal Domiciliary Care Allowance



## needhelp (30 Jun 2009)

I applied for the dca in august 2008 (when my child was diagnosed with ADHD), and only got a reply this week saying that it was not allowed.  I now have to appeal their desision.  Do you maybe have any tips for me as what to say in the appeals letter?  They state that I am "not eligible on medical grounds for the allowance".


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## Black Sheep (30 Jun 2009)

Can your doctor supply any extra medical reasons which were not included in the original application


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## annet (30 Jun 2009)

You could get in touch with ADD/ADHD organisations to get more detailed advice.  [broken link removed] provides links to local support groups.  Some organisations like cooperation fingal for instance have advocacy workers who advise and assist people put through the appeals process.  It might also be advisable for putting in any appeal to obtain a copy of all personal records in respect to the claim for DCA from the HSE under the Freedom of Information (FOI) Act 1997 and Freedom of Information (Amendment) Act 2003.  Information on how to request personal records can be obtained from www.oic.ie.  I dont know if it helps, but under the Disability Act 2005 - people with disabilities are also entitled to an assessment and service statement.... has this been done?


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## needhelp (1 Jul 2009)

Dear Black Sheep
Thank you for the reply.  I did contact the ADHD clinic this morning, and the only help that they can offer me is to confirm that my child started to take medication after the application was made in 2008.  They state that it has nothing to do with them whether the application goes through or not.  Do you think that what they offer me will be enough to get the appeal through?


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## needhelp (1 Jul 2009)

Dear Annet
Thank you for the reply.  I am not able to connect to the [broken link removed] website.  They did not tell me on what medical grounds the application was dis-allowed.  I will definately try to get the personal records - it may be of great help.  The medical assessment was done last year August, just before I applied for the dca.  Will you please read my reply to Black Sheep as well.  Do you think that it will help.  I am so confused as what to do, because it just seems that nobody wants to help when i phone them.  Thank you for the usefull information.


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## annet (1 Jul 2009)

Hi, If you log in I sent a list of support groups and contact numbers.  I'd get in touch with them they might have some useful tips.  When you make the FOI request - the request for personal records is under section 7 of the FOI Acts.  You are also entitled under Section 18 of the Acts for a statement of reasons from the organisation for the act including any findings on any material issues of fact for the purpose of the decision.  Essentially, what the clinic says is true - but again - you can get access to all records from this doctor also under foi - and see their full assessment of your son and his needs.  I know its alot of admin work and its hard when you are hitting brick walls everywhere you turn.... thats bureaucracy of Ireland.


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## needhelp (2 Jul 2009)

Annet, thank you very much for all the usefull information.  Tomorrow, i'm going to make it priority nr.1 to phone the people.  Thank you for all your help, I really appreciate it.


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## annet (2 Jul 2009)

If you need any help IM me - hope it works out.


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## margaret (3 Nov 2009)

hello we have a 13 that  has only been recently diagnosed with adhd and aspergers. its taken us almost all his life to get a diagnosis and now i have been refused the domicillary on medical grounds. i have a letter from his gp, psychologist and psychiatrist to send in with my appeal but dont no even where to start with wording the appeal letter. i truly feel worn out at this stage. if anyone has any additional information or help on how to word the letter it would be a huge help.


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## fababby (10 Nov 2009)

Just write a straightforward letter firstly stating that you are appealing their decision not to award the DCA (enclose a copy of their decision).  You are the best advocate for your child and no one knows or can describe their condition and how it affects them and you as a family, better than you.  You outline the condition, how it affects the child, their schooling (if appropriate) and *how their condition requires more care and attention than another child of a similar age (which is really what qualifies anyone for the payment)*.  Describe the extra that you have to do for him/her.  Generally by the time you get a diagnosis they are going to school.  Mention if they have a special needs assistant or extra hours from teacher etc.  If you spend time repeating work done in school, when at home - how long you spend.  Do they have extra tuition outside school.  Any aids or equipment you have bought for them.  If they have trouble sleeping or require fewer hours than other children and if you are 'on call' or hyper aware because of this.  List their medication.  Do you work part time to faciliate the child, or not at all, due to the condition?  Do you have extra help from friends/family?  How does it impact on any other children you might have?  Behavioural problems - Lay it all out, in bullet points if necessary.  Then finish by saying that you are evidencing the above in the form of diagnosis or report from whatever the appropriate medical professional is that made the diagnosis.  Would also be useful if you had a letter of support from school and GP.  The more evidence you have of what you are saying the better.  Keep copies of everything.

It is basically their medical opinion versus 'yours'.  Generally speaking your medical professionals are better qualified to determine the nature of your child's condition, than the SW people as you have psychologist/psychiatrist  etc - think at initial stage with SW, its just a desk assessment so emphasis should be placed on your professionals' eminent qualifications and experience to make such a determination.   Also google Social Welfare Appeals and have a look at other appeals of a similar nature - should get a better idea of whats required and the successes of other claimants.

I would think a lot of applications have to be appealed in the current climate.  There seem to be a lot of unsuccessful applications since DCA moved from HSE to SW.  Do your best.  Am sure it will be good enough.  Good luck.


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## tiny (4 May 2010)

*Domcillary Care Allowance*

I would be grateful if you could help. I applied for the above allowance with medical reports and it was denied for both children one has epilepsy and the other child has dyslexia, adhd/add. 

Stating under Chapter 8A, Social Welfare Consolidation Act 2005. which states that the medical evidence does not indicate the need for substantial extra continuous care and attention. 

Can you help in any way 





needhelp said:


> I applied for the dca in august 2008 (when my child was diagnosed with ADHD), and only got a reply this week saying that it was not allowed. I now have to appeal their desision. Do you maybe have any tips for me as what to say in the appeals letter? They state that I am "not eligible on medical grounds for the allowance".


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