I was very ill when I tested HIV+ was diasgosed with PCP in March 1999. CD4 Tcell count 19, Viral load 768,000. I claimed Special Rules DLA and was awarded HRC and HRM 'for life'.
I received DBD551 form in mid-April 2008. asked for, and got, an extension to end of May to provide my upto date information to DWP. I did not use form DBB551. Instead, on 22 May 2008 I sent a 10 page A4 letter in place of form DBD551 (under the Core precedent anbody is permitted to reply in this way if they wish) listing all my current care and mobility needs in detail. listing all doctors, medications and giving consent to contact my doctors.
DLA wrote back saying they had written to my HIV consultant and my GP. This letter arrived when I was in hospital with chest and heart problems. I was also diagnosed with angina on top of active KS on my lower limbs and a recently failed drug combination. My CD4 count, which had been up to 400 to 500 was down to 200 and viral load was up to 34,000.
My carer argued with DLA that in order to get a clear picture of my health situation they would need to seek reports from all doctors involved in my care: HIV consultant, GP, consultant endocrinologist and consultant psychologist. After some resistance DLA agreed to write to all my doctors.
I have excellent relationships with all my doctors. I warned them all what to expect. They all agreed to go through the forms with me and give me copies of the completed forms.
My GP sent in his completed form on 16 June 2008. My psychologist sent in her report on 20 June 2008.
On 24 June 2008 DLA rang me to say they had sufficient information to reach a decision which is that DLA remains unchanged at HRC and HRM indefinitely, although I was told it was possible (though unlikely) that the award may be reviewed again at some point in the future. DLA did not bother to wait for reports from my HIV consultant or my consultant encocrinologist. They said that had enough information from my GP and psychologist.
I await the written decision.
My advice: keep in touch with all your doctors. Try to go through the form with your doctors. Attend appointments with doctors with an A4 sheet of bullet points of your care and mobility needs. Give as much information as possible.
Good Luck.
PDF version
I hope you don't mind but I moved this entry to the DLA forum.
This is good news and demonstrates the following :-
Use of the "Core Precedent" is an acceptable way of submitting information requested. Just to explain what the "Core Precedent" is. The person who set this "precedent" challenged the way in which information could be submitted to the DWP with respect to claims. This means that you can submit information in another manner other than by filling in the forms. Examples of this are, a diary of your day and night time experience or as mentioned above a 10 page thorough A4 Letter covering all issues. It is important that you cover both how your illnesses affect you during both the day & night.
The reason this is seen as a "precedent" as the person who set this. Has, in writing, confirmation from the DWP that information can be submitted in this manner.
I would recommend that if you wish to submit information in another manner other than the forms the DWP provide. Call the number on your letter, speak to your Decision Maker whose name should also be on the letter and inform them. The DWP will usually accept this. If they do not than mention this article and precedent to them.
This also confirms some good practice. Speak to your doctors, let them know what is happening and that you have given the DWP consent to seek a medical report from them. If you have listed the doctor on your form or submission.
The DWP are resistant to seeking further information from your doctors. However they seek consent for access to the "MEDICAL EVIDENCE" to support the claims you are making. See this entry that demonstrates that without full medical reports the DWP agree they cannot glean a full picture of your HIV and related health issues.
In a recent appeal, that was successful. The DWP recommended that claimants should seek and submit medical reports, where possible, from their doctors and submit them with their claim. Personally I see many issues with this. It indicates operation problems with the DWP in obtaining the information from your medic's that they require in having the "medical evidence" to support your claim. What questions should you be getting your medic's to answer with respect to the information the DWP need? You are unlikely to know this. Further the DWP do not like Doctors engaging with patients prior to reports being sent. They actively encourage this. They may discount the evidence provided on the basis it is too subjective. You will have to make your own decision's on your own claim on this. I would recommend you get advice on this from a reputable benefits advisor or lawyer.
What this continues to demonstrate though. Is the lack of consistent approach. It depends on what your decision maker feels they need in order to reach a decision. Some will make a decision on one medical report. Some may require several. Some should have requested reports from all your doctors and because they have not any decision they make could be argued as being flawed as they have not fulfilled there duty to obtain, as you have consented to, the full body of your medical evidence.
Be thorough.
Thank you to the contributor for this. It raised key points and provides much guidance.
John.