The road to independence for people on the spectrum is not easy, and the most important companion on this journey is the parent. This one often has to give up his or her career in order to be able to devote full time to raising and caring for children. Every day is a struggle for a better and independent future for the child. The challenges are many, and there is no shortage of unexpected obstacles. This was seen, among others, by Mrs. Alicia, whose commission did not grant point 7 in her son's disability certificate. The woman came to us with a request for help. Read how her story ended. 

Meet Oskar

Although Oskar is peacocking 14 years old, he requires almost round-the-clock care. The boy has autism. In addition, he has had a disability certificate since 2013. It indicates that he requires constant and long-term assistance, as he is unable to live independently. The boy also needs the constant participation of a caregiver in the education and rehabilitation process. In practice, this means round-the-clock care for the child.

How much attention Oskar requires is best known by his mother, Mrs. Alicia, who accompanies him like a shadow every moment of the day. She is by his side every step of the way, because Oskar demands it. When he is left alone in the bathroom, instead of taking a bath or brushing his teeth, he spills liquids and throws things out of the cabinets. Unattended at mealtimes, he begins to eat with his hands, sometimes starting to choke when doing so. Oskar is also not allowed to be outside by himself. The boy can get out without warning and start running ahead. He has poor orientation in the area, which causes him to get lost even in the nearest neighborhood. After running away, he is unable to return home on his own. He is always driven to school by his mother. There, a support teacher takes over for a few hours. Oskar doesn't make his own sandwiches, doesn't bathe, doesn't use the toilet and doesn't get dressed if his mom doesn't watch him. In addition, he has tantrums during which he can hurt himself.

Despite the fact that the boy's functioning had not significantly improved over the years, the District Team concluded that Oskar no longer required daily assistance. The team's decision was not influenced by the family's translations, previous certifications, or the fact that the boy's emotional state deteriorated significantly during the pandemic.

The case went to court

Ms. Alicia wrote the first appeal against this decision on her own. It was rejected. The woman approached the Foundation in the fall of 2020. Thanks to the documents sent from the school, the opinions of specialists and the information given to us about Oskar, we prepared an appeal, which went to court. We also prepared a request for the appointment of an ex officio attorney, so that Ms. Alicia would have free support from a lawyer or legal counsel during the case. The court decided that the appointment of an expert pediatrician was necessary for the outcome. They did not have to wait long for his opinion. The expert concluded that Oskar, due to his autism spectrum and mild intellectual disability, is completely dependent on his environment. And this meant that the boy needed constant care. Less than a month later, the court issued a verdict indicating the need to change the ruling. In addition, on the basis of medical records, the court found that Oskar requires care until he is 16 years old, and for such a time the ruling must be issued.

Relief and happiness unfortunately did not last long. Although the ruling taking into account the seventh point was issued, according to officials from the Social Welfare Center, the woman is not entitled to nursing benefits for the time she is waiting for the court case to be resolved. This is a period of about nine months. Again, Ms. Alicia took advantage of the Foundation's free legal assistance. She finally received the money after 11 months from the date of the District Team's ruling.

A happy ending

Although the struggle was not easy Ms. Alicia knows that it was worth it. As a mother of a child on the spectrum, she believes that one day Oskar will be independent. However, in order for this to happen Ms. Alicia knows that she has to fully focus on her child. Every day is worth its weight in gold, because every day is therapy. The sooner Oskar learns to understand himself and others, the sooner he can be more independent.

REMEMBER: If your child's (or your child's) judgment is not consistent with the actual medical condition, you have questions about benefits, your rights, your child's rights at school, or you are being treated/treated unequally - write to us! We provide free legal advice to people on the autism spectrum, their parents, caregivers, people with disabilities, socially excluded or at risk of social exclusion.