Thank you to John McDonnell MP for Hayes & Harlington for his hand written response this morning. I will scan this in an add to the documents section. 

It reads -

"Dear John,

Thank you for your letter concerning DLA.

I share your concerns about the reforms to the administration of DLA and will take these issues up with Ministers.  I have met with various welfare rights groups on the new welfare reforms and will do all I can to press for change.

Yours,

John"

I have an IB50 form now thanks to the person who provided this.

Today we heard from Lawworks that they had managed to find us a legal firm that is willing to look at the legal case we have. This legal case is a collaboration with Feedback South London.

We believe there is a case concerning the Disability Living Allowance and Disability Working Allowance Act 1991 and various other pieces of legislation.  We have not briefed or given any detail on this as yet.  It would be unfair to do so. UNTIL we are legally sure. 

This is an update to this entry - click here and the request for pro bono legal work - click here.

Lisa Power from the Terrence Higgins Trust attended the KVN Forum this evening to brief us on the activities of THT with respect to the DLA review.

Thank you to Lisa for providing us with this data.

As of the 30 May 2008 - this relates to HIV cases.

1477 claims had been cleared by the DWP.

882 claims had been reduced or disallowed.

141 claims had been re-reviewed. Of these 99 had been cleared and of those 45 had the original decision overturned.

114 claims had been appealed. Of these 54 had been cleared. 51 had been "lapsed" ( this means the DWP changed their original decision before the appeal hearing ) & 1 decision was overturned.

The term "cleared" refers to claims that have been processed. The difference between for example the 141 claims for re-review and the 99 cleared are those that are still being processed at the time the information was made available.

 Lisa Power from the Terrence Higgins Trust attended the KVN Forum this evening to answer questions from forum members on the DLA Review.

In due course the minutes will be placed by the Chairman on the KVN Forum website.

Questions were drafted in advance of the meeting from members and presented to Lisa for her perusal.

What follows are the points that I picked up.

THT was invited to take part in the DCS Advisory Panel about a year ago.  At the time their membership of this panel was subject to a binding confidentiality agreement.  THT considered it's position on this. They decided it was better for a HIV organisation to be involved to try and make the case for those living with HIV in the UK.  Lisa works with another colleague on this panel.  They managed to get members of BHIVA to also advise on the issues face by HIV people in relation to review, the impact etc. As mentioned they made the case, whether they were listened to by government was another issue. THT were unable to comment until the review pilot started.  THT still meet every 3 months or so as a member of this board.

I have been dealing with the comments to the last few blog entries and I would ask you to take a look.

I am under the weather at the moment so I apologise in advance if posting is sparse.

John. 

As you may be aware. Though this is our blog for the community.  I also run forums elsewhere in various other community's that have an interest including the wider disabled community.

Today I heard from one individual who I have been in touch with.  In February of this year there DLA was withdrawn and they decided to appeal.  Today they told me the decision had been overturned and the payments back dated to February.

Whereas we always encourage you to press for a re-review and/or appeal (Oral is best).  We know it is a decision you have to take with some thought.  We have always supported people in whatever they have chosen to do as we fully understand the issues.

However this demonstrates that the process does work sometimes and is one of many cases on this blog.

Some of you may have received a review form for your Incapacity Benefit - an IB50 Form.

If you get the Higher Rate Care component of Disability Living Allowance you do not have to fill this form in, you are exempt from filling it in - click here. 

We have been good in getting the word out on this following the original story.

Received via email and reproduced with consent.

Click here for an interview in the Times with James Purnell MP Secretary of State for the Department for Work & Pensions.

It is an insight you may find useful.  

It is the second article I have seen reporting that he may be the next leader of the government should the current Prime Minister go.

 From the http://www.theyworkforyou.com website.

Sandra Gidley (Shadow Minister, Health; Romsey, Liberal Democrat) | 

One of the issues we at T_hCell are keen to raise and "run with" are the issues around Mental Health & HIV.  In the coming months we will develop a micro site from the main http://www.tcell.org.uk website.

We feel this is an important issue that needs to be raised, discussed and highlighted as it is often not given the importance it is due.

In the Useful Documents Section you will find some Mental Health Papers and I have just uploaded a document called "Key Psychological Tips for Living Confidently With HIV" that you may find useful.

No news today. It is the nature of such things. We still continue to work away in the background.   

I have uploaded a set of Charts to the Useful Documents Section.  I have tried to keep these charts as simple as possible to show the flow of a claim.

Any comments, anything that needs adding email me please to john@tcell.org.uk 

Had a meeting with Lisa Power of THT this afternoon.  Thank you to all of who have contributed on this website as it has allowed me to feed this back to Lisa @ THT.  It also gave me an opportunity to discuss issues about the perception of THT raised here.

Thank you to Lisa for her time.  We have agreed to feed back any issues to her so she can raise them through the DWP DCS Advisory Panel.  

This follows on from the KVN Forum meeting of last week. 

Firstly thank you to those who have donated to T_hCell.  It has helped us secure two years web hosting on an ISP that gives us the technology basis we need moving forward.  No one earns anything from this the donations are merely to meet the costs.   Funds are paid directly (via paypal) to the T_hCell bank account with the Co-operative Bank and require two signatories for a payment, none myself.  I have no direct access to this account and have to justify any expense to the wider group.  

Thank you again.

Click here for the link to the BBC news article.  You can leave a comment on this story by viewing it from the BBC News website and we would encourage you, where you feel comfortable, to do so.

Reproduced here for was of reading.

"Disabled 'wrongly denied' benefit

Disability campaigners say thousands of people who are unable to work are being wrongly denied incapacity benefit.

Charities including the Disability Alliance, Mind and Citizens Advice say the government's system of assessing claimants is not working.

They say people face hardship while appealing to restore benefits, and that many more are incapable of appealing.

The government says it is developing a new assessment system that will cut the number of wrong decisions.

 This Friday 18th July 2008 from 5.00pm to 8.00pm there is the meeting & garden party of Feedback South London at The Positive Place, 52 Deptford Broadway, Deptford, London SE8 4PH.

Feedback South London is for HIV+ people who access HIV services in the South of London.

Both The Positive Place & Feedback South London have been good friends of T_hCell and this benefits campaign.

Further to the blog entry "DWP's Own medical guidance on HIV/AIDS".  The content seems to have been updated after this initial blog entry.

You can find the section on the DWP website for HIV/AIDS by clicking here.

We note amongst the most important changes. Is the change to "Sources of Evidence" noting that the GP is not always aware of diagnosis. We know of some who have been "outed" to their GP because of the impatience of the DWP to wait for the consultant to return the medical report and in haste going straight to the persons non-specialised GP.

Also a new graph on the "Clinical Features Page" and AIDS defining illnesses mentioned also. Which is good to see as they seemed to not deal or recognise AIDS at all.

In case you do not subscribe to the NAM updates by email.

I raise this for your information (FYI) and the original story can be found on the NAM website by clicking here. 

 Apologies for not posting but as is the nature of HIV am "under the weather".

From the BBC News website - click here - an item of interest.

The US Senate has voted to overturn a rule banning HIV-positive visitors from entering the US.

The US is one of only a dozen countries - including Sudan, Saudi Arabia, Libya and Russia - that ban travel and immigration for HIV-positive people.

America's travel ban has been in force since 1987.

Tomorrow, Monday 20th July is an important day as the latest Green Paper on Welfare reform is published by the Department for Work & Pensions. I will blog the links tomorrow when they go live.

Whether you claim DLA or any benefit. Even if you are well enough to work at the moment, there may come a day when you are not. The legislation proposed will have an effect.

So what can you do ?

• Respond to the Green Paper.
• Write to your local MP with your views. 
  

It is important and it does and will make a difference.

Webchat with James Purnell MP Secretary of State, on the 22nd July 2008. See this link on the Department for Work & Pensions website. 

Given the launch of the Green Paper on Welfare Reform today.  There is much in the news.

http://news.bbc.co.uk/1/hi/uk_politics/7516551.stm - "Benefit shake-up 'revolutionary'".

or the interview with the Secretary of State on the BBC Today program  - click here. 

The debate is on and the Consultation document can be found on the DWP consultations pages by clicking here - "No one written off: reforming welfare to reward responsibility".

This is one way you can empower yourself in the decisions made about the benefits you receive now or may need in the future.  It is a public consultation so your response is welcome.

I note many questions were asked about Mental Health & Multiple Barriers to Employment.  I note one question about the need for suitably qualified and trained personnel dealing with claims.  The Secretary of State mentioned stigma many times especially in relation to mental health.  When the debate is published on Hansard I will link to it.

 Some of us with HIV also suffer with various mental issues.  Re-think have undertaken a study of the stigma of living with mental health which is relevant, in my view, as it explains another barrier to us as a community.

The survey can be found by clicking here.

Attended a meeting of the APPG HIV/AID's this week. Not related to this cause but very informative all the same.

One of the key issues that has cropped up throughout this process has been the ability of General Practitioner's to fully understand and comment on a HIV+ persons health in relation to their claim.  That is not to undermine the role of the GP merely they lack the specialist knowledge of a HIV consultant.  There is also an argument that medical practitioners employed by the DWP are also not specialist enough to comment or understand HIV fully. Given that a "medical practitioner" can be a nurse for example.

On the BBC News website there is a story about GP's & HIV which further supports the case that they are not best placed to comment on HIV when they fail to recognise it in surgery.

Here is the story.

 From the Guardian online - "Department told to 'get a grip' as it spends £11million on handling complaints"

 "I've put in for a revision, along with numerous supporting letters from the consultant, G.P etc and the Citizen's Advice legal people have also written in detail to DWP supporting my request. It is just a case of waiting on that now.

Meanwhile in consequence of being no longer disabled!!! (Have DWP found a miracle cure for HIV?) and losing my entire income support; although I am now entitled to Council Tax benefit, the local authority want £770 from me that Income Support were going to pay upto next April.

And.......

....the DWP fraud department has now written to me saying I was overpaid income support between 2002 - 2007 because my circumstances changed. (They haven't from 1994 until now when DLA was removed), and want me to pay this money back. Just a mere £20294.44, they reckon!
It's going to take them a mighty long time to extract all that from the £62.50 Severe Disablement Allowance I'm now left with. It is so ludicrous it is laughable.

All this as a result of losing DLA.

CAB have come across situations like this before apparently.

As you can imagine it is not too beneficial to my stress levels, especially as my health isn't particularly brilliant at the moment."

As is the nature of the Summer. Many people take vacation leave but MP's although they go on Holiday are working in their constituency until Parliament goes back in October.

We are taking this oppourtunity to work on the web site & have a few days here and there as a break.

We will continue to lobby. Drafting new letters for your MP's and preparing a response to the Welfare Reform Green Paper.

John.

 Last week was an important week politically and for anyone who has an illness and is currently on benefits or may need them in the future should the progression of their illness make them unfit for work.

Reflecting on last week. A member of the team forwarded me an article by Polly Toynbee from the Guardian. The article can be found by clicking here.

Some points I found interesting.

"Purnell could have reminded Mail readers of that strong work ethic among the battalions of cleaners and carers, while scroungers are surprisingly few. Instead he inflamed prejudices drawn from eye-popping cases in shockumentaries about Shameless estates. It was Bill Clinton who said you can never ever be too tough on welfare, they will always cry for more. So do you go on turning the screw for ever? That becomes self-defeating, feeding the appetite for more loathing and less understanding of the poor."

 In Useful Documents you will find a copy of the Welfare Reform Green Paper and the Impact Assessment.

We urge you to respond to this as per details.

Picked up from the www.benefitsandwork.co.uk website and worthy of note here in case you missed it (as I did) initially. From the Daily Mail on 8th July 2008, by Michael Lea.

The welfare fraud farce: How ministers spent £154 million to get £22 million back from benefit cheats.

"Investigating welfare fraud last year cost taxpayers seven times the amount actually clawed back from benefits cheats. 

You may be interested in this research from the Office for Disability Issues (ODI). The Office for Disability issues works across government to ensure equality becomes a reality for disabled people.

The Experiences and Expectations of Disabled People.

"A new research report commissioned by the Government shows that whilst progress is being made, disabled people in Britain are still more likely than non-disabled people to experience disadvantage in a variety of areas.

Experiences and Expectations of Disabled People, the first comprehensive study of disability issues in six years, looked at key policy areas including employment, education, transport, health and discrimination across Great Britain in 2007.

Clicking on he link below should/will download the appropriate document to you computer, thus enabling you to view at your own leisure. Note we also hold a PSI license for documentation from Government.

This page was becoming a large list so I have added more menu options here. I have tried to gather relevant information into categories to make it easier to find.

I deal with people via email quiet often and over many months. I am grateful to them for sharing their experience with me as it builds the picture.

I would like to relate to you the following, the person has allowed me to add this to the blog. 

It demonstrates how with determination you can succeed.  This is about a completely new claim and not one subject to review.

A friend of mine related to me that they had submitted a first application for DLA. Knowing the medical issues even an objective comparison to the DWP's guidelines would have given this person an entitlement. But no. They declined his application. This is a trend. The DWP seem to do this on new applications. I also have noticed these are usually successful on an appeal.

So he submitted an appeal. He asked for written. He kept every document, letter & fax he had sent. It was during the time he was waiting for the decision that he shared his experience with me. From the advice gleaned from others I was able to suggest an Oral appeal would have been a better route and to bear it in mind moving forward.

The appeal decision upheld the original decision.  Going through it. It was clear this was flawed. On the basis of no full medical evidence requested by the DWP. But also they had looked at each condition in isolation and not the full impact of ALL the conditions daily.  

Clicking on he link below should/will download the appropriate document to you computer, thus enabling you to view at your own leisure. Note we also hold a PSI license for documentation from Government.

• Sample letter instruction to doctor about consent to report on your health to 3rd parties. You would need to send one copy to every doctor or  clinic/hospital you regularly attend.

• Tribunal Service - Presidents Report 2007/8 - critical of ATOS, the rising level of appeal, Failure to collect proper medical evidence etc.

• Response from General Medical Council (GMC) on issues raised about GP's & Consultants received - 13th May 2008 ( Good Medical Practice mentioned - click here : Confidentiality - click here )

Clicking on he link below should/will download the appropriate document to you computer, thus enabling you to view at your own leisure. Note we also hold a PSI license for documentation from Government.

• First Tier Tribunal (Social Security and Child Support) - How to appeal leaflet - 3rd November 2008 comes into practice.
• DLA Process overview charts - Have tried to put together as simply as I can charts showing the general process with regard to a DLA Claim through to Appeal - July 2008
• DLA556 Application Pack (10 MByte PDF Document - May take about 3-5 minutes to download, depending on internet connection.)
• DWP Form GL24 "If you think our decision is wrong" see JobCentre Web Site
• DWP Disability Handbook Feb 2008 HIV/AIDS Entry
• DWP Decision Makers Guide as at 27th Feb 2008 - Medical Evidence
• Benefit Dependencies Flow Chart
• Known DLA Personal Capability Assesment Points
• Copy of the medical report HFR (T1) the DWP send to your Doctor when they receive your initial DBD551 enquiry form. Thanks to the person who emailed me a blank copy. - 19 June 2008
• For information purposes, found by a member of T_hCell. Click here for the DWP "Guidance for Examining Medical Practitioners". Atos Origin is the company that undertake these medical's
• For information purposes, found by a member of T_hCell. Click here for the DWP "Disability Living Allowance EMP report". This is what is completed if you have a visit by a DWP Doctor or Member of Medical Services.
• Employment and Support Allowance Application form ESA50.  This replaces the IB50 form from October. If you want to read more on the Employment and Support Allowance see the Disability Alliance website.  
• Incapacity Benefit - IB50 document added - this is just the questions without the guidance. It allows you to see what Questions are asked. Note:If you receive the Higher Rate Care Component of Disability Living Allowance you are exempt from completing this form. 
• The Welfare Reform Green Paper "No one written off:reforming welfare to reward responsibility" - Click here for the DWP Consultation, Click here for the accompanying "Impact Assessment" and Click here for the leaked document. These are large PDF files. July 2008.
• Tribunal Service - Presidents Report 2007/8 - critical of ATOS, the rising level of appeal, Failure to collect proper medical evidence etc.

• Response from Anne McGuire, Minster for the Disabled received 4th March 2008
  
  
• Work and Pensions Committee Letter
• Letter sent to Emily Thornberry MP for Islington South & Finsbury from Terry Moran CEO of the Pension, Disability & Carers Service 22 May 2008.
• Letter sent to Emily Thornberry MP for Islington South & Finsbury from the Stephen Timms, MP, Minster for Welfare Reform at the Department for Work & Pensions -  22 May 2008. 

Clicking on he link below should/will download the appropriate document to you computer, thus enabling you to view at your own leisure. Note we also hold a PSI license for documentation from Government.

• The Welfare Reform Green Paper "No one written off:reforming welfare to reward responsibility" - Click here for the DWP Consultation, Click here for the accompanying "Impact Assessment" and Click here for the leaked document. These are large PDF files. July 2008. Please respond to this.

Everyone's experience is different. There are no "hard & fast" rules here. Someone you know may have had an adverse decision/ experience but yours will be different and maybe have a more positive outcome. The information on this site and externally linked sites & information does not constitute legal advice. You should always, if you have difficulty with any BENEFIT and require PROPER LEGAL ADVICE. Engage a suitably Qualified Solicitor / Social Worker / Welfare Rights Worker or the Citizens Advice Bureau.

• Sample Letter to your MP (click here if you need it in Rich Text Format .rtf). This letter added 2nd August 2008 covers the DLA Special Rules review and the new Welfare Reform Green Paper. If you have sent previous letters please also send one on these theme's. It is important to keep the momentum going. Thank you.  To find your MP click here.

• Sample letter instruction to doctor about consent to report on your health to 3rd parties. You would need to send one copy to every doctor or  clinic/hospital you regularly attend. Updated 29th August 2008.

• From the post in the Forum DLA Stopped. "C" the contributor, wrote to their Dr's to seek clarification on their health position to submit to the DWP. The cover letter is here, the questionaire is here .  If you would like to read the whole document in Adobe Acrobat .pdf format click here. Added for information purposes only - 20 June 2008

 Here documents and information that doesn't fit anywhere else is listed.

I have re-arranged the Useful Documents Section in to relevant categories. You should notice a drop down menu now. It was just becoming a long list and difficult to navigate. Any comments feel free to email me.

Over the coming weeks we will be adding information into this section on the Welfare Reform 2008 Green Paper & updating the letter you can write to your MP on our issues to reflect this.

 You can subscribe to the email news letter from the www.benefitsandwork.co.uk website. You will get information for general consumption (non-members) and for (members only).

See the story on "Appeals president slams DWP and ATOS" - you will find the full report in Useful Documents \ DWP or click here .