Skip to main content

Could you be claiming disability living allowance (DLA)?

18 replies [Last post]
kevin
kevin's picture
Offline
Last seen: 51 weeks 6 hours ago
Joined: 09/03/2009

If you’re already claiming disability living allowance (DLA), but you’re having problems, then find out how we can help with:

disability living allowance (DLA) claim forms

disability living allowance (DLA) medicals

disability living allowance (DLA) appeals

If you’re not sure if are eligible, then look through our list below of 12 things that won’t affect your disability living allowance (DLA) claim. It may help to clear up a few misconceptions

Afterwards, you can try our free (but you need to register):

Two minute physical health disability living allowance (DLA) test 

Two minute mental health disability living allowance (DLA) test

12 things that won’t affect your claim
Disability living allowance (DLA) is a complicated benefit and many people, including some doctors, care workers and DWP staff, pass on information and opinions that aren’t correct.  So we’d like to start by telling you 12 things that, no matter what you’ve been told before, don’t affect your right to claim DLA. 

1  You’re getting any other benefits (except attendance allowance and some war pension or industrial injuries supplements) - DLA will be paid on top.
2  You’re working.
3  Your partner works.
4  You’re a student.
5  You have savings.
6  You haven't paid any national insurance contributions.
7  You don’t consider yourself to be disabled - DLA is for people with long term health problems which affect their everyday activities.
8  You’ve been told by a doctor, nurse, care worker - or anyone other than a welfare rights worker -  that you won’t get DLA. Eligibility for DLA is a legal question, not a matter of medical - or any other - opinion.  
9  You live alone and no-one is providing care for you.
10  You already have someone, a partner for example, providing care for you.
11  You’ve been turned down before. Many people who use our guides claim successfully after having been refused repeatedly in the past.
12  You do not want to spend money on personal care:  you can spend your DLA on anything you wish.

There are a few things, other than your current state of health, which are important, however:

2 things that will affect your claim
1  Are you under 65? 

Yes?  You can move on to question 2.
No?  Unfortunately, if you are 65 or over you cannot begin a claim for DLA.  However, you may be able to claim a similar benefit called Attendance Allowance. 

2  Have your health problems lasted at least three months and are they likely to last at least another six months?
Yes?  Then you can claim immediately. 
No? If they haven’t already lasted three months you can still make a claim, but payment can only begin from the date when they have lasted three months.

You can claim disability living allowance (DLA) on either mental and physical health grounds or a combination of the two.  So, if you still think you may be eligible, try our free (but you need to register):

Two minute physical health disability living allowance (DLA) test

Two minute mental health disability living allowance (DLA) test

to help decide whether it would be worth filling out a claim form.

http://www.benefitsandwork.co.uk/disability-living-allowance-dla/dla-aa-...

Steve (not verified)
Steve's picture
Claim Disallowed

I have recently submited a claim for DLA on the grounds of being diagnosed with HIV. However, my claim has been disallowed. Is it worth resubmitting my application - if so, what additional information should I include?

anonymous (not verified)
Steve's picture
Reply

We cannot deal with individual issues directly; as we are not qualified welfare advisors. Where you have a particular issue we always recommend that you should seek proper or legal advice from a Welfare Rights Worker, Social Services, a Solicitor or a suitably qualified person.

From my personnel experience with the challenges I have made through the Social Security Tribunal, twice and with the many various changes of circumstances informed to the relevant departments, providing additional information is useful. My understanding is based upon the bodily functions, mental health and side effect issues that I have experienced, this intern through the receipt of the Disability Living Allowance goes towards the costs incurred of living with HIV, replacement clothes, bedding etc.

I submit that the system is not perfect, the perspective of others, ignorance, lack of training or understanding are some reasons why decisions are not always given at face value or in the favour we seek, only through persistence of informing of the facts, changes of circumstances, does and will things change. More importantly people personally understand what is being experienced and will then support the needs that are appropriate and more importantly to the individual requesting it.

As your message is limited, it is hard to further include additional information that might be useful. The reason that TCell exists is that it allow people to access information online, through its social care, rights, responsibilities and entitlement section, topics as disabled person rights in every day life were created to inform because of Acts of Parliament set out to support us.

HIV/AIDS is much under represented when it comes to claiming benefits; the data published by other resources suggest this.

On a personnel note, I take the decision that it is always worth challenging a decision, as not all the facts and information submitted are never covered through the first process and it requires repeated information and checking the small print for it all to be taken into consideration. Write it as it is, don’t spell check, just place first hand what you experience. Use other means of contact, like the telephone, email etc and just don't rely upon the DLA claim form itself to support your case.

kevin
kevin's picture
Offline
Last seen: 51 weeks 6 hours ago
Joined: 09/03/2009
The unclaimed millions: DLA and cancer patients

Cancer Relief describe the charity's recent research project.

Background
The research
The figures
Barriers to access
Next steps

Background
Macmillan commissioned this research because, although there was a great deal of anecdotal evidence provided by patients and health and social care professionals, there was no robust evidence about disability living allowance (DLA) and attendance allowance (AA) take-up amongst cancer patients. Historically, Macmillan has supported people financially through its patients grant scheme and more recently has set up welfare rights projects in a number of regions and a national benefits helpline. Evidence from Macmillan's benefits advice projects indicated that, while people undergoing treatment for cancer incurred substantial extra costs (eg, hospital travel, extra heating, prescription charges, higher phone bills, replacement clothing due to weight loss/gain), they were encountering significant problems obtaining DLA and AA. A small qualitative study conducted in June 2002 suggested that financial concerns are frequently second only to physical pain as a cause of stress for people affected by cancer. [Footnote 1] Furthermore, a recent analysis of grant applications to Macmillan showed that as many as 25 per cent of the applicants might be eligible for social security benefits.

The research
Macmillan's report The unclaimed millions is based on two pieces of research. Macmillan commissioned the Centre for the Economics of Health at Bangor University to quantify the extent of DLA and AA take-up amongst cancer patients in the UK and to explore the factors that affect take-up up. [Footnote 2] Estimating DLA take-up is notoriously problematic and there are no reliable estimates of the level of take-up in the general disabled population. In the Macmillan study the researchers were only able to estimate the DLA and take-up rates for terminally ill patients because there are no primary sources of data about the prevalence of care needs among cancer patients. Office for National Statistics figures for cancer deaths in 2001 were compared with cancer-related DLA and AA claims in the same year. It was felt that cancer-related deaths was a fairly reliable indicator of potential DLA/AA entitlement because it is reasonable to assume that these cancer patients would either qualify through the special rules or else have substantial care needs.

Macmillan also conducted a qualitative study, in conjunction with the Northern Ireland Social Security Agency, looking at the barriers to claiming benefits faced by cancer patients. [Footnote 3] The Northern Ireland research project utilised a variety of different methods including focus groups, questionnaires, and in-depth interviews with a range of health and social care professionals, Social Security Agency staff, voluntary sector advice services and people affected by cancer.

The figures
The results of the quantitative research showed that an estimated £126.5 million DLA and AA goes unclaimed in the UK. That is, 54 per cent of patients (almost 83,000 people) are dying as a result of cancer but not claiming DLA or AA. The £126.5 million figure was arrived at by calculating the amount of higher rate AA or higher rate DLA care component a person would have received over a six month period – ie, the notional length of time a terminally ill patient would be receiving DLA or AA under the special rules (using 2004/5 benefit rates).

Broken down by devolved country this means that:

  • in England 55 per cent of people dying from cancer (69,000 patients) are not claiming DLA or AA – worth £106 million;
  • in Scotland 64 per cent of people dying from cancer (almost 10,000 people) are not claiming DLA or AA – worth £15 million;
  • in Wales 32 per cent of people dying from cancer (almost 3,000 people) are not claiming DLA or AA - worth £4 million;
  • in Northern Ireland 23 per cent of people dying from cancer (nearly 900 people) are not claiming DLA or AA – worth £1.3 million.

There was also significant variations between the Government Office Regions in England. See table in the hard copy version of this article.

In order to explain the regional variations, the researchers at Bangor developed an economic model, based on Welsh data, to test which social or economic factors potentially affect DLA/AA take-up. The researchers concluded that three factors in particular affected the rate of take-up amongst cancer patients:

  • death rate from cancer;
  • the number of people claiming other benefits;
  • population density.

Unsurprisingly DLA/AA take-up rates are highest in socio-economically deprived areas. One of the limitations of the research was that local health administration boundaries are not aligned with other government sectors, and this prevented the researchers from 'drilling down' deeper to explore variations in take-up at a local level. For example, while the take-up rate is lower in the more affluent South East there are bound to be pockets of economic deprivation and unmet need within that region. More research is needed to gain a more complete understanding of factors affecting take-up at a sub-regional level.

Barriers to access

"I found claiming benefits more stressful than having cancer itself" – Lyndsay from Luton

The qualitative evidence from the Northern Ireland research can help to explain why so many cancer patients are not claiming DLA or AA. Although the administrative arrangements for benefit delivery in Northern Ireland differ from the rest of the UK, the DLA and AA system is, to all intents and purposes, identical and the problems faced by claimants in Northern Ireland will be shared by those in Great Britain. The research identified a number of factors which serve as barriers to entitlement to DLA and AA for cancer patients:

  • the difficulty determining eligibility for DLA and AA;
  • the definition of 'terminal illness' – 74 per cent of nursing and social care professionals questioned the definition and said it was too restrictive;
  • health professionals' reluctance to discuss prognosis – 35 per cent of GPs said they found it difficult;
  • health professionals' lack of knowledge of the benefit system;
  • patients' lack of awareness about benefits to which they may be entitled how to claim them;
  • the complex claim forms; and
  • social security staff's limited understanding about the impact of living with cancer.

Next steps
It is clear from Macmillan's research that the gateways to DLA and AA, and the terminal illness rules in particular, are failing large numbers of cancer patients. The fact that so many people are dying from cancer but not receiving DLA or AA suggests that the qualifying conditions are in need of urgent review. Now that the Government has officially abandoned the Activities for Managing Life assessment model that it had been piloting, it should be prepared to consider where changes are needed to the existing disability tests.

Macmillan's research also highlights the absence of collaborative working between the NHS and DWP. One of the major reasons that cancer patients are not receiving DLA and AA is the dearth of benefit advice services in health settings. Despite the rhetoric about joined-up government this is one area that remains distinctly disjointed.

To receive a copy of the report The unclaimed millions please email campaigns@macmillan.org.uk.

Footnotes
1. Quinn, A, Macmillan Cancer Relief Study into Benefits Advice for People with Cancer, University of Reading (2002) [back to text]
2. Tunnage, B, Tudor-Edwards, R, Linck, P, Estimation of the extent of Unclaimed Disability Living Allowance and Attendance Allowance for people with a terminal diagnosis of cancer, Centre for the Economics of Health, University of Wales, Bangor (2004)
[back to text]
3. Martin S, Benefits Access for People Affected by Cancer in Northern Ireland, Macmillan Cancer Relief/Social Security Agency (NI) (2004) [back to text]

http://www.cpag.org.uk/cro/wrb/wrb181/DLA_cancer.htm

kevin
kevin's picture
Offline
Last seen: 51 weeks 6 hours ago
Joined: 09/03/2009
ACCESS DENIED Report from Macmillan

Benefit advisors' perceptions of the problems cancer patients face when claiming Disability Living Allowance and attendance allowance. 

http://www.macmillan.org.uk/Documents/GetInvolved/Campaigns/Campaigns/ac...

Marpe (not verified)
Steve's picture
HIV and DLA

Hi, I have been living with HIV for almost 10 years now. It has been hell, i have had deppressions sevarl times, i have been on psychologic and psychiatric treatment and i have started again. I have problem sleeping and also OCD which it gets very bad when im stressed. This is very often. I have muscle pain (mostly on my neck) the pain is daily and sometimes is so bad that i gets very stressed and i just want to dissapear. Im still working and will try to keep so but i have to say that i have very horrible days at work and being in the office does not help. I have also have bad blood circulation and my legs and arm go to sleep for sevarl minutes and this happens almost every day. Im only 34 and i have just requested the DLA pack. Could anyone here please give me advise on how to do it and also which level should i get from your experience. I would really appreciate your help. Im just scared on top of everything for the fact i will get very ill and cant pay the mortage and bills and my partner will go down becouse of me :(, he is negative and we have been together for 4 years. I could not have life insurance as per my HIV status. Please help me and guide me as im very confused.

Many thanks even if you just read this.

David

kevin
kevin's picture
Offline
Last seen: 51 weeks 6 hours ago
Joined: 09/03/2009
HIV & DLA - reply

David hi,

DLA is a non means tested benefit, it is provided to help with the additional costs incurred.

Various rates apply in both Care and Mobility depending on the severtiy of the need and support throughout the day and night. As you have already contacted the DWP for a DLA pack, you may wish to consider information here -  http://benefits.tcell.org.uk/forums-keywords/benefits/disability-living-... . List all medication past, present, treatment, side effects etc. Reading your comment this is the sort of thing you will need to put down, also when completing the form write from your own expereince and what you have to deal with. 

If your application is not sucessful, you do have the right to appeal.

If you are working part time you may be eliglbe for working tax credits, housing benefit, council benefit, refer to http://benefits.tcell.org.uk/forums-keywords/benefits/other-benefits or www.direct.gov.uk

Of the 92,000 people identified living with HIV current figures suggests that about 8,500 are in receipt of the benefit 1/10.

I have asked John to comment further.

Kevin

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
David - HIV & DLA benefits etc...

Firstly thank you so much for your forum post.

We always encourage people with HIV in/out of work to make an application for DLA.  Depending on your health issues you may qualify for the low rates of either or both Care/Mobility.  If, as in your case, your health worsens and you have to cease working. You then are already in the system and it becomes a matter of having your DLA assessed with you new care/mobility needs.

Payment of Disability Living Allowance (DLA) is paid, subject to meeting criteria, regardless of your income or souce of income.

The process is not specificaly about the health conditions (s) you have it is more to with your CARE & MOBILITY needs during the DAY & NIGHT especially on a bad day. However clearly medical evidence will be sought to support the care and mobility assertions you are making.

No one, no matter how experienced could give you a definitve answer on what you would be likely to get without knowing two things. Firstly you whole medical history and care/mobility difficulties on a bad day.  Secondly, DLA is subject to cost cutting (20%) over this parliament and is becoming more difficult to get. 

You will find information on the Medical Conditions and more information on the DLA critera on the DWP website - click here.

It is common for most applications to be turned down intitally. This can be for many reasons not least the lack of information the person claiming has given.  We always recommend people here to supply more detailed information and appeal the intital decision.

The more time you spend now organising your application the better it will be in the long term.

You can apply for DLA online. I personally wouldn't advocate people do this.

Even the written forms, though lengthy, are generic (General) in the questions they ask. They don't reflect, in my view, the detail required and necessary for someone with HIV to readily record.

You can complete the written forms in pencil. Leave it  a few days and re-read it. You might notice you have missed something you needed to write down and you can add it. When you are happy you can then erase the pencil and complete it in ink.

PHOTOCOPY your forms and any documents you additionally submit.

Many people find that writting there issues on separate paper and then where apprioprate refering questions to that information allows them to submit a clearer, complete and more thorough explaination of the Care and Mobility needs they face during the Day and Night especially on a bad day.

It allows them give full details of every medical issue they have, medication/therapy taken, any side effects and the impact of that medical condition when its on a bad day and night.

For example some people may have less bowel control due to HIV and/or the medication. This can bring issues of being housebound needing to be close to a toilet and during the night it can mean disturbed sleep, the need to change bedding etc...

As some one with HIV it is important that your main medical contact on the form is your consultant.  The forms will as for your GP however many people have a GP that doesn't know the patients HIV status but moreover and more generally they lack the professional ability to give a proper and full account of your HIV status. They are General Practioners and many have poor exposure to HIV.

Where you have other physical and mental health issues for which you may see other Consultants or specialist doctors. I would also give contact details on the form or suppliementary documentation on contacting them for further medical evidence.

Tell all your consultants, and your GP, that you are applying for DLA.  Tell them you want to see the medical reports they write about you BEFORE they send them to the DWP so you are happy. Even better and something that may 'speed up' you application is if you can get your doctors to write a medical report that you can then submit. But don't let this delay the submission of your form. You can submit the form and thereafter the medical reports if they are being done. I hope I am not confusing you here.

Detail is everything. Don't be proud or embarrassed. Write down every pill, every issue.  Be complete but also conscise.

If you speak to the DWP ALWAYS make a note of who you spoke to , when (time/date) and any action they have agreed to undertake. If you feel you need to complain about anything then do so.

Good luck with your application.

Blue Badge/Freedom Pass.

If you are awarded DLA at the Higher Rate Mobility you can apply for these from you local council. However many councils do exercise some discretion on people that may not meet this criteria. If this would help you. I would look at your local councils website for information on how to make an application.

Work.

As you have HIV you are covered by the Disability Discrimination Act and Equality Act (Disabilities section).  This brings in certain legal protections for you as an employee such as "reasonable adjustments". These are adjustments you may require to your work to help you maintain your work.

I hope this helps.

John.

 

 

 

 

Marpe (not verified)
Steve's picture
Hi Kevin and John, Many thanks

Hi Kevin and John,

Many thanks for replying to me. I have noot applied yet as i want to make sure what i write. I feel embarrassed to involve my GP or other Dr on this as it looks very bad the fac i want to claim for DLA if it makes any sense. Of course i will provide all contact details but its not something i feel confortable with. I acctually think aftre reading in many websites that if i apply they will think im taking advantage of my statys or something like that and its making me not to want to do it :(. Have you ever applied for it yourselves if this is not very rude to ask. Please feel free to email me if you like on xxxx@xxxxx.xxx (email deleted on request) I have already made note of all your comments and advise and i will be completing the forms on my next days off. I have OCD also and for the past few years has gone worse. Sometimes i have good days and some other are so bad i just want to cry and get away from everything and everybody. Im also on medical treatment for that and depression. I have also been given some medication for muscle pain. I move arround the house and clean and organize everything. I make my partners life inpossible sometimes as i follow him around to make sure he does not get anything messy. Its a bit of a hell life i am living. I dont talk about my condition and i dont know anybody living with HIV either so its a bit dificult for me to cope sometime.

Many thanks again and please share any tips you may have with me and i thank you for that.

David x

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
Marpe, Claiming DLA

David thank you. You will notice our website is "by us, for us, to serve us". That is because I live the life that I write about.  As I had problems finding information a few years ago when having my DLA reviewed I decided that as well as pulling together the information online I would also share it so that those with HIV and also under review wouldn't have the same difficulties. The website has continued from that. 

I am glad for your post as it mentions such an important issue that many struggle with. That of embarrassment and/or entitlement. 

DLA is there because it is realised that disabled people can have additional costs to meet soley attributed to there disabilty.  Without this additional cost being met many would face severe poverty trying to meet that additional cost from benefits or even salary/wages. 

The media, using the odd and rare story implied DLA is an abused benefit. Infact if you look at the government data DLA is a benefit that is subject to the least fraud and the assessment and level of information the claimant have to provide. As well as the government criteria for entitlement mean this is a relatively difficult benefit to recieve when compared to others.

Therefore if you apply and you are given an award. Probably more than any other benefit you have met strict criteria and are very much entitled.

On the subject of embarrassment. Your doctors will be very familar with DLA. Consultants that are specialists will be used to people of different backgrounds and financial situations making a claim. Please put your embarrassment to one side. They are professional and will understand.

DLA is paid on the basis of your care & mobility needs and additional costs. It doesn't matter if you work or not nor does it matter if you are a pauper or a multi-millionaire.

See this forum about DLA & Working.

Many, myself included, have a progressive illness. This means it gets worse over time. This can mean that you, when you have a protracted severe bout of illness, are also struggling financially.  At a time when you are trying to cope with illness you often cannot take on anything else. Therefoe I always encourage people to apply for DLA as soon as they feel they need this addtional help. Even if you only get the low rate of one component. When matters take a turn for the worse, you are already in the "system" and you merely need to inform the DWP of the change. Rather than trying to go through the whole application process at a time of poor health.

Of course for those who find themself's in the unfortunate situation of having a terminal illness, the application process can be fast tracked using form DS1500. However the criteria for this, is that you are unlikely to survive for 6 months. This is then the expection rather than the rule for applications.

I hope this helps.

Thank you for your email address. We can only give general advice as we simply are not qualified nor have the resources to deal with individual specific claims.  We are disabled oursleves. However the Citizens Advice Bureau are very skilled in dealing with DLA issues and you should contact your local branch if you need specific advice. You may also find charities dealing with your issues are also able to give you personal support.

Marpe (not verified)
Steve's picture
Hi John,   Many thanks

Hi John,

 

Many thanks for your message, i really appreciate it. I have done the forms and they have been sent. I have explained everything that happens to me and hopefully that will be enough. If not i will appeal till the end.

Your website is incredible and im sure it will help many people so many thanks for writing about it all the time and keeping us updated.

I need to ask you something. On one of my last messages i wrote my email and i have received a few emails from people who i dont know. It also appears in google so is it possible to delete it from the message so i can not be recognized? I will really appreciate.

 

Many thanks John

 

D x

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
Marpe, email

If you scroll back up you will see I have removed your email address. It is never a problem for us to do something like this. We fully respect your confidentiality and wishes when it comes to being identified.

Thank you for you kind words it really helps keep us motivated!

John.

Marpe (not verified)
Steve's picture
hi

Hi John,

Many thanks for remuving my email from one of my last message. I really appreciate how fast you acted on it. It is very reasuring what you did.

Speak soon and i will update you on my case as soon as i hear from DWP.

x

Marpe (not verified)
Steve's picture
DLA

Hi John,

After three months since i have applied for DLA i had to call them to get an update for a second time. They advised that they have writen to me but two month later they got back my letters from post offices. They asked me to confirm my address and if i live there still. I advised yes and as i have photocopied the forms before submiting them i double checked to make sure i wrote the address correctly. Everything was in order but still non corespondence. I have never had this problem before so i really beleive that they prefered that way. They advsied that as the decition was made in January and in this ocassion the benefit was declined they advised that my 28 days periode to appeal had espired. I had to argue that i have called twice for updates and also got names of people who i spoke to and they never advsied that letters sent did not go through. They now told me that i could appeal under the late appeal. Asked to verfiy the address they have in the system to make sure they got all right and they said that for data protecction they could not tell me and alos that they could not tell me the reasons why it was declined and it could take up to 3 weeks for me to have it in writing.

I feel extremelly fustrated to be honest and extremelly stressed and do not know what to do from now on. Any advise you can provide?

I have neck and limbs problems ( now verified by a MRI scan, depression, HIV etec...) what else do they want? and do you know what is likely to happen when i appeal?

Many thanks

x

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
Marpe - DLA

I am extremely concerned about the poor communication from the DWP.

You need to get more direct assistance and a good place to start is your Citizen's Advice Bureau - http://www.citizensadvice.org.uk/ - or check with your local authority if they can recommend a local HIV support agency. We can only broadly give some guidance as we don't have the claim specific's.

When you call. Tell them about what has happened and your need to be seen "urgently" as you need to lodge an appeal.

The reason for advising this, is that there are many things here that need attention but they need to be done in an orderly way. You also need to lodge an appeal but make it subject to the fact you await the information from the DWP as to why it was turned down.

There can be many reasons why mail isn't getting to you. The slightest mistake in address can cause this. I don't doubt that your address as you have quoted is direct. For the benefit of all, you can check your post code at the Royal Mail's website - click here.

Review the forms you have already submitted. Are they comprehensive? Have you missed anything? if you have. This missing information can be submitted as additional information at appeal.

Some points that maybe useful for consideration.

1)When you lodge your appeal. You need to explain the lack of mail confirming the decision. The detail as to when and whom you telephoned and the details of the conversations. That you didn't recieve the decision letter. Furthermore that given the poor communication you may have also been denied the right to have your decision "reviewed" before lodging an appeal. That you lodge this appeal as a matter of urgency and is incomplete due to the fact the DWP have yet to provide you with the reasons for declining your application at the time of appeal and you reserve the right to submit further information when you recieve this information.

2) You may want to consider trying to obtain all the information held about you by the DWP. This will contain all the internal documents. This will be a much fuller "picture" than there reasoning in a single letter. To do this you need to submit a Data Protection Act Request. You can get information on this by clicking here.

If you decide to do this than mention in your Appeal letter that you are doing so and await the information.

3) If your other mail is being recieved ok and you regularly recieve information on other benefits you may claim from the DWP also without problem. After you have submitted your Appeal, I would be inclined to submit a written complaint concerning your lack of correspondence and lack of service from the DWP.  They will have to investigate these issues and reply. This may prove useful when justifying your "late appeal" submission.

4) When the DWP talk to you they will normally ensure they are dealing with the claimant by asking several questions. They may refer to this as "going through some security questions". Did they do this with you? If the address you gave them on the phone isn't the same as the address they had. They may not consider changing it unless they have it in writting.  They should have advised you of this.  They will not give out details held or do so reluctantly unless they are 100% sure they are dealing with the claimaint as they have a duty under the Data Protection Act. Eitherway, a Data Protection Act request may well demonstrate this. If you had provided the correct address and they have entered it wrong on the DWP system than they are clearly in the "wrong" and you are entitled to further consideration through appeal on just these grounds.

5) From now on send ALL mail to the DWP either Recorded Delivery or Special Delivery. This is a hassle but for your appeal and any related written submisions, any complaint and especially if you submit a Data Protection Act request. You can check via the internet when your letter was recieved and signed for.  For the Data Protection Act request, they have a 40 days in which to provide the information or you can then forward the request to the Information Commissioners Office to chase up. Keep your postal reciepts.

6) Keep your phone calls with the DWP down to a minimum. Where you have telephoned them, drop them a letter afterwards covering what the conversation was about and who you spoke to as well as any agreed actions. This forms part of your records with them.

There is much you can do. I am not promising this will change the original decision. However, please get some local and direct assistance moving forward. They may advise differently. I am happy to help where I can via email - john@tcell.org.uk

The priority however is for you to get your appeal started and lodged before everything else.

 

Shaun (not verified)
Steve's picture
John

Hi John, basically I was diagnosed with HIV 2 months ag, im only 20 and in full time education. Im finding it really difficult financially as i has to leave the last job i was in from stress, depression and illness, and cant get another job, My dad has told me to apply for DLA, I was unsure If entitled..

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
Reply to Shaun

Applying for DLA is based on your needs day & night.  I concerns how your health and medical issues impact upon you.  You have nothing to lose by applying for the benefit.  You can find information on the help for disabled people on the direct.gov.uk website.

If you are successful in a claim for DLA it is paid regardless of if you are working or not or how much you have in asset value.

I cannot tell you if you are entitled as the detail of your health situation isn't know to me.

If you need more information on eligibility see Disability Living Allowance - eligibility or submit a claim.

If you need help with the forms your local clinic may be able to help or your local council website may have details of your local HIV support service that again maybe able to help you.

anonymous (not verified)
Steve's picture
hi, privacy

Hi,

I have been having some trouble with your website as every time i put my email in google this website appears. Could you please be so kind to completely remove my email address from the site to preserve privacy? I do not see where the conection is but i will apreciate your help. I had already requested this once but there is some sort of error somewhere where my email address is linked to your website.

 

Many thanks in advance for your colaboration.

 

D

John
John's picture
Offline
Last seen: 13 hours 17 min ago
Joined: 09/03/2008
Privacy, response

We take confidentiality and privacy seriously. 

This website is a public forum and as such the information will be in the public domain and of course searchable through web search engines, in common with the many websites on the internet.

This is why we allow posts to be authored "anonymously".

Should you wish me to pursue this further, please know you can contact me via email john@tcell.org.uk .

Alas without any detail i.e. the email address, I am sure you will understand, I am unable to assist further.

 

Post new comment

The content of this field is kept private and will not be shown publicly.
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
X
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Loading