Briefly, I was diagnosed (HIV/HBV) in 1990 and put on higher rate DLA in 1993. I am now 55 and have experienced relatively good health the past 2 years after many years of problems. I live by myself and have learned to manage on my own (with the support of my DLA, of course).
I completed the DBD551 in Feb08 and received notice from the DWP in April08 that my DLA entitlement was remaining the at the same rate (with a slight uplift in the amount).
To my dismay, this week I received a letter from DWP saying "We have written to you previously to let you know that we asked for a report from the hospital you attend". (They most certainly have not written to me, as I would have certainly brought this up with my HIV Consultant during my visits. I have an excellent relationship with my doctor and I am also certain he would have talked to me about anything he was submitting on my behalf. I will follow up with him on this tomorrow).
The letter goes on to say "The report does not contain enough information regarding your mobility and care needs. Further details are required before I can decide whether you are receiving the correct amount of benefit."
With the letter of course is the infamous DLA556.
This comes at quite a blow, as with my recent hiatus of apparantly good health, combined with a false sense of security that I had retained my DLA, I had actually started to look for part time employment safe in the knowledge that I had the safety net of the DLA when and if my Income Support was discontinued when I got part time work. I was also under the wrong impression that DWP wasn't pursuing the over-55's. And a bit shocked that it has taken them a year to contact me.
I should be focussing my enegy and anxiety around re-entering the employment arena, but instead I'm now preparing to do battle to save what little means of support I have left in life.
My action plan, starting tomorrow, is to contact my HIV consultant to find out what, if anything, he has told DWP. And also to make an appointment to meet with my local CAB
-HIV Project here in Camden for help filling out the (huge) form.
Is there anything further you can advise me on what I should be doing at this point?
PDF version
John,
Wow. Thanks so much. I would never had considered this an Adminstrative error - I just thought it was my bad luck.
I meet with the CAB on Tuesday 3rd and will pose to them this issue and get back to you.
I know my MP well and would be happy to bring this to her attention, if you really think this could be an error on the DWPs part.
Thanks again. You've brought a little light into my otherwise dark day.
Brad
I should have mentioned that you should speak to your decision maker. Tell them they have erred in process. That you will make a complaint and you ask for the DLA556 return to be delayed accordingly or ask for more time.
Well it seems to me that they are continuing with a process that should have finished with the deccision as that is the point.
I find it interesting that after a decision has been made they have decided to revisit it. Was the original decision in April 2008 subject to the reports from your consultant?
If not than I think you need to submit a formal complaint as clearly the administrative process is awry here.
To complain ring and speak to your decision maker and then go to writing. The argument is that the decision was already made on the basis of the information you supplied in February 2008.
If they are concerned that having recieved the information from your consultant that you no longer meet the criteria than they should be writing to you to review your claim again. It seems however that they are using the 'Special Rules' process when really this ended for you in April 2008 with the decision.
It is likely you are on 'Normal Rules' from April 2008. Therefore any review should follow the normal process for reviewing a claim.
I think you should argue administrative error here.
You are right to get help from the CAB
- HIV in your area and would like to know what they advise.
Also seek the assistance of your local MP. They will hold a surgery once a week and will be interested in this.
If you recieve an adverse decision on the submission of your DLA556 than APPEAL as clearly this process is wrong.
Thank you so much for raising this. It feeds our knowledge on the issue and allows me to raise it as an further example when I encounter or write to the 'powers that be'.
I also know that THT & NAT occasionally visit this website and again this lends to the experience base they use.
If you need clarity feel free to email me john@tcell.org.uk.