So we got our decisions today and they stay the same.  Which seems like good news. However given the avenue of law we are pursing - thanks to one of our team. We believe that the DWP doesn't have the legal right to approach those who claimed before 1999. Of course any decision now makes all claims subject to current law moving forward. So we continue the battle. We believe our original claims should stand moving forward.

Though they said our files were NOT linked. It must therefore be pure coincidence that my partners form when back over 2 months ago and mine 2 weeks ago. With the decisions made within 24 hours and received on the same day.

What drives all of the team is the person in our minds eye that cannot deal with the issues this raised for them.  We continue as before to campaign on this. Moving forward we will have to also deal with the Employment and Support Allowance. 

So we move forward, together as before. There are still many issues to overcome.

John.

 As you may have gathered from previous posts.  I have been greatly concerned that during the review process. If you list several specialist consultants that deal with other medical issues you have developed alongside or by virtue of your HIV, especially mental health issues. The DWP typically only approach your HIV Consultant. Where they will not wait for this report they may approach your GP.  Therefore only one aspect of your health is evidenced.

I was also concerned. Minded of the DWP guidance & that Mental Health issues were seemingly being ignored.

In my case. I have engaged in correspondence questioning the DBD551 I submitted. Specifically how or why a decision could be reached without medical reports covering ALL my health issues from ALL my consultants.

The response states;

"..... decisions are made based on a persons mobility and care needs and not the disability itself"

so why require any medical report if it is not required to reach a judgement on entitlement?

it then continues;

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.

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 for those who access our site from the wider disabled community.

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.

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.

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"

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"

Well I was waiting for it as my partner had his. My DLA556 form came this morning. I have scanned this in and added it to the documents available, just follow the "Useful Documents" link above.

I make this available for information purposes.

Not everyone will be asked to fill in a DLA556. You may get a decision upon assessment of your DBD551 & medical report. You may be asked by letter to provide a little more information. Before a decision is made. Everyone's situation is dealt with differently and is unique to the individual.  If you receive a DLA556 you have 4 weeks to complete it. You can call the DWP to ask for more time.

If you get any correspondence from the Department for Work & Pensions. DO NOT IGNORE it. Doing so may affect your benefit.

A while ago. You will note if you scroll through the blog. We made a request under the auspices of the Data Protection Act. To the DWP for the information held on us in relation to the Disability Living Allowance (DLA). This comprised photocopied sheets and a printout from the system, mainly payment history. Some data, non medical, is missing and I will chase this.

I will work through this information and post accordingly over the next few days.

Bear in mind that I look at this data as a "lay person".

I note the following having "flicked" through.