I have just received my DLA556 form for DLA review under Special Rules and have been advised that THT can help me fill it in, but many of my friends have told me not to trust THT as they work hand-in-glove with the DWP and will complete the form in a way that will result in a failed reapplication. Can anyone advise me if they have had any experience of THT helping them or not? Please reply ASAP, as my form needs to be in in one month from today. Thank you.
PDF version A hi,
Would be happy to help, assist, clarity & direct with your claim.
J has my email address
i have just recieved a dla 556 form, my specialist told the dwp that i have difficulty walking and still i have to fill the forms in, is this usual with most cases?
The DWP are essentially checking whether those awarded Disability Living Allowance under "Special Rules", still qualify under this process. In most cases the determination is that they find most are expected to live past 6 months. So they have to reassess you to see if you qualify for Disability Living Allowance under the "Normal Rules". This is why you have been sent a DLA556.
I went to THT for help with my DLA claim. First of all I had to sign lots of papers, it felt like signing my life over to them. What's more, I had the impression that the person "helping" me with the form was very inexperienced and they made a right mess of it. So I decided to go it alone and fill in the form myself. As this was is my fourth claim I felt I had some experience. But I haven't had a reply from the DWP yet as they still want a letter from my doctor, although she filled part of the form too.
As with any organisation that is helping your or going to act on your behalf they may ask you to sign forms giving them consent to do so.
The DWP follows a process and although your Doctor has helped you with the form they will write to your GP asking for a medical report. The bureaucratic process being as it is. You need to chase you your doctor to reply.
However I would go further. If you are relying on medical evidence for which you see different consultants. I would ask them to write you a medical report that you can also submit. What we have found is that the DWP will rely on a GP medical report. However where one may have a HIV Consultant, a neurologist consultant, a pain consultant or mental health medic. Although you have listed these on your forms they may not be contacted by the DWP. You have to take the initiative.
The DWP should seek at least a medical report from your HIV consultant as part of there own process.
I hope this helps.
John.
i was wondering what the process would be if your G.P is not aware of your hiv status. i know many people who have chosen not to inform their G.P for various reasons,
would this mean that we should inform the dwp of this and ask them to write only to our hiv consultant
Garry thank you for raising this issue again as it has been sometime since we last dealt with it and many new users may not be aware of what has happened in the past.
The answer can depend on the Decision Maker, the information you put on the form and of course the "consent mechanisms" in place for the realise of your medical information from any of your doctors.
The forms typically ask for the claimants GP details on the form and people complete this. The DWP will then write to the GP for a medical report. When they do so they inform your GP that there is no need for them to engage with you the patient and simply send the report back to them. However a good GP will not send any medical report without discussing it with there patient. In fact by not doing so could give rise to a complaint being made about the GP from the patient for not engaging with them, to the professional medical body concerned. However many GP's simply comply with the request without the claimant/patient seeing the medical report before it is sent to ensure it is correct.
You can make it clear in your application form not to discuss or mention any health issue that you have chosen not to disclose to your GP should the DWP seek a report. However this will typically be disregarded as the requests will go out in a standard form.
There are instructions on how Decision Makers should deal with requesting medical reports for those with HIV you can find that by clicking here.
However, during the Disability Living Allowance review in recent years. We heard of many cases where the DWP had ignored the request for non-disclosure and written to the claimant GP and thus disclosing the status of there patient.
We did raise this with DWP PDCS Advisory Forum & THT who are members of this forum.
Where HIV was the main disabling condition, many didn't put there GP details on the form at all merely their HIV consultant. They then asked there GP for a medical report and sent it in as an additional report. A few asked there doctors for medical reports and submitted them to the DWP also. Getting the medical reports arranged can speed up the assessment process.
The point is that the in submitting supporting evidence for your claim. Your GP may well deal with certain aspects of your health that your HIV consultant isn't. Currently with budgeting considerations being at the fore. Many HIV units and consultants are increasingly referring patients back to there GP for non-HIV related medical conditions. Thus you still require a medical report from your GP.
Furthermore if you see more than on specialist consultant as you have differing medical issues. In some cases the DWP will only write to your GP and not the other consultants you may mention on the form. This may result in an adverse decision being taken on the lack of specialist medical evidence on your claim.
Once you fill in your form and you sign it. The Secretary of State has wide ranging powers to make any enquiry regardless of any 'restriction" you may want to make.
This is a highly difficult issue for many. My GP knows of my HIV status and I haven't experienced this form of disclosure.
Many will argue that it is a good idea for your GP to know your HIV status and the medications you may be on. This information helps them with there prescribing. However GP's remain very poorly trained in the area of HIV. Moreover if you live in a small community the concern that "people gossip" is a real one.
If you are concerned about filling in your Doctors details. I would in the first instance telephone the Decision Maker who's details should be on any letter you have received about your benefit review or claim. Explain your concerns, that you are worried about putting your GP details on the form. However you then have to take the responsibility to ask your GP for a medical report. Ask the Decision Maker if it is alright for you to submit your GP medical report in this "fashion". It should not be a problem as you are sending in the information. Although talking to your Decision Maker can help with guidance on a particular issue I would strongly advise you keep the conversation brief and to the point.
Though the DWP sought a GP and HIV Consultant medical report for me. I also asked my other consultants for further reports on the conditions I was under there care for and submitted them also.
I also put in place tight consent measures with all my doctors as a result of what I learnt others were experiencing. To ensure that regardless of any government form I sign giving consent for access. Only a letter on my letter head would suffice as written consent for any request to be granted.
There is no easy answer here. Some were "outed" to the GP others were not.
Though I will also stress that there was a very high volume of DLA reviews that the DWP did undertake at the time and a delay of up to 9 months on certain claims as the DWP waited for HIV consultant reports. This led some Decision Makers to bypass the criteria mentioned and go to the claimants GP to speed up the process.
Your point is timely as those on Higher Rate Care component of DLA will usually get Incapacity Benefit automatically. In the coming years there will be the migration with new medical assessments when the migration of Incapacity Benefit to Employment and Support Allowance starts February 2011 and there after a further review of DLA as the government seeks to reduce the claimant numbers by 20% across the board.
If you do not feel happy to use THT there are other sources of assistance. Your local council or Primary Care Trust may fund a HIV support service that is not THT. They should be able to help. They usually have a Citizens Advice Person that works alongside them. Of course you can approach the Citizen's Advice Bureau directly if you wish.
Try your local social services.
You can submit your information in another format other than the DLA556 if you find it difficult. This can be a long letter or diary for example. You need to mention how you deal with the day as well as the night, mention all your medical conditions and list the doctors you will use to provide the supporting medical evidence. You can also ask for an extension to the time if you find you need more. In either case you would call the person listed on the letter sent with your DLA556 and let them know.
Hope this helps,
John.