Am I Entitled

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Thanks to Jim (Tcell) for raising this. Also thanks for Steve (who is a Benefits Writer & Trainer) of the Benefits & Work website for coming back so quick with an answer.

The issue was:

"If I ask for a re-review or an appeal. Could that process result in the original decision made. Being lowered or my Disability Living Allowance being removed?"

I posted this to the members forum on Benefits & Work. You may need to subscribe to get access to this.

Steve replied:

"I'm afraid the answer to your question is that when you ask for a decision to be looked at again your award can be reduced or removed altogether. That applies regardless of the nature of the decision you are asking to have looked at.

Clearly the likelihood of this happening will depend very much on what evidence there is to support the current award. It's part of a welfare rights worker's job to assess the strength of a case and advise on the degree of risk - but there will always be some."

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Just to raise this as many are facing a renewal.

Whereas the first source of information should be your local council.

You may be interested in the
Freedom Pass website run on behalf of all local councils

There are some "dead links" on this site and I have emailed them. Also I found myself being cut off before I could get to talk to someone. Just be aware if you call them.

It is worth noting that

"Q. I have a disability, can I apply for a freedom pass?

A. Disabled freedom passes are issued through your local borough council - contact them to apply. The councils follow the criteria set out by the Transport Act 2000 which outlines the 7 catagories of disability used to assess eligibility for a freedom pass.

Local councils may at their discretion issue passes to disabled people that do not meet these criteria. For further details see the Department for Transport website."

this found on this website by
clicking here.

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The Royal National Insitiute of Blind People have published on their website. Some advice & guidance on

Attendance Allowance

Advisor's guide _ how to claim Attendance Allowance - tips for advisors

Disability Living Allowance

Challenging a Decision about DLA & Attendance Allowance

Though this advice is from a "blind person's" view point. The central themes & processes apply to anyone claiming either allowance.

I hope this helps and empowers you with your claim.

Thanks to Nigel (of the Tcell team) for his research here.

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I am receiving comments, thank you all, about stopping medication.

I WOULD ADVISE YOU DO NOT STOP YOUR MEDICATION.
IT MAY CREATE LONG TERM RESISTANCE ISSUES & WILL CAUSE ILL HEALTH.

IF YOU SO STOP. DO SO UNDER ADVICE FROM YOUR CONSULTANT TO REDUCE YOUR RISK OF LONG TERM RESISTANCE.

I doubt that stopping your medication will have any impact other than to your health & long term prognosis.

HIV is seen as a chronic condition. So long as treatment options are available for you. The state may take the view that your condition is treatable. Therefore your decision. Mental issues aside. To stop or not taking your medication is purely your choice. They may take the view that the State is provinding the support, medically that you need. To manage your condition.

However, unless you have no treatment options left. That is, you are resistant to all existing therapies & they cease to control your HIV. Where your prognosis is defined medically as "Terminal" with a short term life expectancy. This is clearly a different case. Different rules apply. Notify the Department for Work & Pensions.

Special rules still exist if you are terminally ill.

It is likely few with HIV would be in the situation.

If you are reading this and your prognosis is "Terminal". Please know you are in our thoughts.

The HIV medics are worried that people may stop their medication because of this. Stopping your medication is not likely to improve your chances with respect to any review you may be undergoing. It will merely put you, your loved ones & the NHS under pressure.

If the above is unclear. Please feel free to email me.

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If you have been reviewed and are unhappy with the decision. It may be due to the fact not all the medics you have listed on your form have been approached for a medical report. HIV may be you main condition. However you may see other consultants for other conditions which worsen your abilities i.e. a pain consultant.

If you have not requested it. Ask for copies of all the medical reports the DWP has asked for.

If some of your consultants have not reported prior to a decision being made. Appeal on the basis that not all or full medical information on you has been sought and considered. Therefore the initial decision is flawed.

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Though this is covered a little in my previous post. This was going to be my first post today.

You may be entitled to extra help from the state if you suffer adverseley with your HIV. There are several benefits & entitlements you may be able to receive to help you with day to day living.

You can apply whether you are working or receive state benefits.

You might be entitled to financial help with your day to day living needs. This is covered by a benefit, Disability Living Allowance. It is awarded in three bands - lower, medium & higher.

You might be entitled to financial help with your day to day mobility needs. This is called Disability Mobility Allowance. It is awarded in three bands - lower, medium & higher.

APPLY if you think you might have a claim. The experience I have heard from many. Is that you will probably be rejected on the first claim. APPEAL. Many claims are accepted on appeal.

Disability allowances are not like other benefits you might claim. If you need to also claim or claiming any other benefit i.e. Incapacity Benefit (IB). These disability allowances DO NOT count as extra income when it comes to entitlements. Whereas the savings in your "piggy bank" might affect the amount of Income Support (IS) you might get. Any amount you receive in disability benefits will not be considered as extra income.

The make up of your other benefits might change. You may even get more. As disability elements within for example IB could be added. It may even entitle you to a discount on your council tax.

If you have a successful claim for a Mobility allowance. Depending on the level. You may be entitled or able to apply for the Mobility Scheme, Blue Disabled Parking Badge, exemption on car tax or a Freedom Pass.

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