The DWP are sending out the annual letter telling you of your entitlement. My partner received one today. I know someone else has added a comment to a previous post on this.
Having submitted his DLA556 over a month ago he hoped it was his decision. He was panic stricken whilst opening it.
Addressed from "DLA SR Pilot Team"
It says the "Amount of money we pay you is going up" and mentioned indefinitely.
I asked him to give the DWP a call to confirm IF this letter was notification of his award that is expected.
Alas, NO. It was just the yearly letter sent out at the beginning of every financial year. His decision should be due in a few weeks.
Understandably he was upset and took some time to calm - medication helped.
It would have been a good idea if the DWP had inserted a note that this wasn't a decision that that would arrive in a separate letter.
So we continue to worry.
If you need clarification of any letter the DWP send you. Ring them and ask them. They are happy to clarify.
Thursday 17 April 2008
Community Legal Advice
My situation & DWP mental health.
This relates to my personal circumstances and yours maybe different.
I asked why they had not approached other doctors mentioned on my DBD551.
Response,
" You question why the DBD551 makes no reference or referral to your mental health.
The DBD551 is our inital enquiry form which requests information with regard to your current disabilities, medication and names/addresses/consent to contact any medical profession that you are currently seeing. On receipt of your completed DBD551 we subsequently contacted "my HIV consultant.""
I further note,
"The information provided in the HFR from "my HIV consultant" provides sufficient medical evidence to aid us in our decision making process. If you feel that we would benefit from any other information please feel free to provide this at your earliest convenience"
I have written back again asking why they are ignoring the medical information & consent given to approach other specialist consultants dealing with other medical HIV related issues I have. Surely having given all the current medical information and details of who to approach. I would have thought the DWP would have sought full medical reports in order to reach a proper decision based on ALL the medical information they requested and is available to them.
I know this might cause you to worry. I apologise if it does. I post to make the situation clear and create awareness.
I asked why they had not approached other doctors mentioned on my DBD551.
Response,
" You question why the DBD551 makes no reference or referral to your mental health.
The DBD551 is our inital enquiry form which requests information with regard to your current disabilities, medication and names/addresses/consent to contact any medical profession that you are currently seeing. On receipt of your completed DBD551 we subsequently contacted "my HIV consultant.""
I further note,
"The information provided in the HFR from "my HIV consultant" provides sufficient medical evidence to aid us in our decision making process. If you feel that we would benefit from any other information please feel free to provide this at your earliest convenience"
I have written back again asking why they are ignoring the medical information & consent given to approach other specialist consultants dealing with other medical HIV related issues I have. Surely having given all the current medical information and details of who to approach. I would have thought the DWP would have sought full medical reports in order to reach a proper decision based on ALL the medical information they requested and is available to them.
I know this might cause you to worry. I apologise if it does. I post to make the situation clear and create awareness.
My situation & DWP forms don't fully deal with AIDS/HIV health issues.
This relates to my personal circumstances and yours maybe different.
Prompted by Johnny, this confirms his experience. Also given the general criticism that the forms we are asked to complete are not specific enough to those with AIDS/HIV.
The reply from the DWP was
"You state the the DBD551 and DBD556* do not properly deal with all the health issues that you have in relation to your AIDS/HIV diagnosis.
The aforementioned enquiry forms are representative of customers with disabilities of all types and not specific to AIDS/HIV customers. You are entitled to present information with regard to the needs arising from your disabilities in any way which is suited to you. For example you may wish to send in a daily diary or forward a letter. However, page 9, 26 and 31 of the DBD556* are provided for you to include any other information about the problems you experience day to day"
** Remember any other method you use to submit information must include information on how you cope during the day and at night. Use the forms as a guide. **
* I think this is merely a "typo" and it means DLA556. I have written to seek clarification.
I understand if you have diabetes and make an application for DLA there is a specific form form for this condition. I await confirmation from the DWP. Clearly this begs the question why there cannot be a form tailored more specifically to AIDS/HIV.
Call the DWP to ask if they will accept information in another form. On the rare occasion I have called them I have found them to be helpful.
Prompted by Johnny, this confirms his experience. Also given the general criticism that the forms we are asked to complete are not specific enough to those with AIDS/HIV.
The reply from the DWP was
"You state the the DBD551 and DBD556* do not properly deal with all the health issues that you have in relation to your AIDS/HIV diagnosis.
The aforementioned enquiry forms are representative of customers with disabilities of all types and not specific to AIDS/HIV customers. You are entitled to present information with regard to the needs arising from your disabilities in any way which is suited to you. For example you may wish to send in a daily diary or forward a letter. However, page 9, 26 and 31 of the DBD556* are provided for you to include any other information about the problems you experience day to day"
** Remember any other method you use to submit information must include information on how you cope during the day and at night. Use the forms as a guide. **
* I think this is merely a "typo" and it means DLA556. I have written to seek clarification.
I understand if you have diabetes and make an application for DLA there is a specific form form for this condition. I await confirmation from the DWP. Clearly this begs the question why there cannot be a form tailored more specifically to AIDS/HIV.
Call the DWP to ask if they will accept information in another form. On the rare occasion I have called them I have found them to be helpful.
My situation & DWP time period for claims.
This relates to my personal circumstances and yours maybe different.
The DWP advise that the normal period it takes to review is 12 - 14 weeks to complete.
However they rely on how long it takes for the claimant to return the forms. Also how long it takes your doctor to complete and submit any medical report. At present doctors are inundated with these requests in addition to there already full workload.
Mine started in December 2007.
The DWP will give you an extension in time if you need it to complete any form. Just give them a call and ask.
The DWP advise that the normal period it takes to review is 12 - 14 weeks to complete.
However they rely on how long it takes for the claimant to return the forms. Also how long it takes your doctor to complete and submit any medical report. At present doctors are inundated with these requests in addition to there already full workload.
Mine started in December 2007.
The DWP will give you an extension in time if you need it to complete any form. Just give them a call and ask.
My situation & DWP legislation used
This relates to my personal circumstances and yours maybe different.
I asked under what piece of legislation this review was taking place.
Reference was made to the Disability Living Allowance Advisory Board (DLAAB) and the report on "special rules".
Reply,
"You query the use of the law, the use of the DS1500 and the review itself. We are permitted to review benefit under Regulation32 (1) of the Social Security (Claims and Payments) Regulations. Although your claim for benefit was awarded for life does not exclude it from any future reviews that we wish to undertake. Further information with regard to reviews is also provided in the annual uprating letters that you should have prevously recieved. The DS1500 refers only to your original application in 199x and will not form part of the current review"
The "uprating letters" are those you receive, yearly. Detailing your award and the levels it is paid at.
I also asked if this review. Given the stress it puts many under doesn't contrivene the Human Rights Act.
Reply,
"This review complies with legislation including the Human Rights Act."
I asked under what piece of legislation this review was taking place.
Reference was made to the Disability Living Allowance Advisory Board (DLAAB) and the report on "special rules".
Reply,
"You query the use of the law, the use of the DS1500 and the review itself. We are permitted to review benefit under Regulation32 (1) of the Social Security (Claims and Payments) Regulations. Although your claim for benefit was awarded for life does not exclude it from any future reviews that we wish to undertake. Further information with regard to reviews is also provided in the annual uprating letters that you should have prevously recieved. The DS1500 refers only to your original application in 199x and will not form part of the current review"
The "uprating letters" are those you receive, yearly. Detailing your award and the levels it is paid at.
I also asked if this review. Given the stress it puts many under doesn't contrivene the Human Rights Act.
Reply,
"This review complies with legislation including the Human Rights Act."
My situation & DWP omitted Viral Load
This relates to my personal circumstances and yours maybe different.
I asked the DWP why they had omited my viral load on their Doctors Medical Opinion.
The response
"I acknowledge the importance of he recording of the viral load data, however the fact it has been omitted from this document will not affect the decision making process"
I asked the DWP why they had omited my viral load on their Doctors Medical Opinion.
The response
"I acknowledge the importance of he recording of the viral load data, however the fact it has been omitted from this document will not affect the decision making process"
Forums on main website.
I would draw your attention to two posts in the Forum section on http://www.hivbenefits.co.uk
If you can help please post a reply.
If you can help please post a reply.
Body fat, Wasting & Lipodystrophy
If you suffer with facial or buttock wasting you may be interested in the website http://www.facialwasting.org
Tuesday 15 April 2008
Midweek Group. - Thank you.
The Midweek Group is a group of gay HIV+ men that meet on a monthly basis. To discuss issues, provide peer support etc.
I was invited to join the meeting this evening to talk and answer questions on the DLA review.
Thank you to the organizers and participants for this opportunity that I hope was beneficial.
For details of the group & if you would like to attend see http://www.midweeklondon.org
I was invited to join the meeting this evening to talk and answer questions on the DLA review.
Thank you to the organizers and participants for this opportunity that I hope was beneficial.
For details of the group & if you would like to attend see http://www.midweeklondon.org
Pro Bono legal help needed.
If you are a fully qualified solicitor or barrister with experience in Welfare Law. If would be willing to offer your services on a "Pro Bono" basis we would like to hear from you.
Thank you,
john@hivbenefits.co.uk
Thank you,
john@hivbenefits.co.uk
Quiet for a few days.
Been a little quiet over the few days for personal reasons. Have managed to write some more letters. Will post more information during the week.
Please feel free to comment and/or email me.
Thanks,
John.
Please feel free to comment and/or email me.
Thanks,
John.
Abolition of 10p starting rate for tax.
It is worth a mention for completeness here.
Those that undertake employment either full or part time. On low wages because of the issues and discrimination around employment & HIV. Or those thinking of returning to work as they have no financial choice.
Will see their tax burden has increased with the abolition of the 10p rate of tax.
For many the DLA payments just about keep their heads above water.
You maybe interested in this interview on the BBC with Andrew Marr & John Hutton MP.
http://news.bbc.co.uk/1/hi/programmes/andrew_marr_show/7333179.stm
also David Blunketts thoughts on this click here.
Those that undertake employment either full or part time. On low wages because of the issues and discrimination around employment & HIV. Or those thinking of returning to work as they have no financial choice.
Will see their tax burden has increased with the abolition of the 10p rate of tax.
For many the DLA payments just about keep their heads above water.
You maybe interested in this interview on the BBC with Andrew Marr & John Hutton MP.
http://news.bbc.co.uk/1/hi/programmes/andrew_marr_show/7333179.stm
also David Blunketts thoughts on this click here.
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