Just wanted to draw your attention to another successful decision on a claim. The detail of this can be found by clicking here in the Forums section of this website.
Today we (ThCell & Feedback South London) had a meeting with the Policy Advisor to the All Party Parliamentary Group on HIV/AIDS.
This was a productive meeting and allowed us to raise the issues, mentioned by so many of us on here. On the difficulties and unfairness of the current reviews.
I read all your comments and was able to relate your issues anecdotally and anonymously. So thank you for those.
I hope, moving forward, to develop more of a relationship with this group. After all they have the same interests as those of us with HIV in ensuring equity and fighting the stigmatism that is an unnecessary but daily burden for us.
My lack of posting yesterday was due to the need to prepare for this meeting.
I will post back when I have further information.
Thank you to the Advisor for their time today.
John.
If you want to read up on the Employment and Support Allowance. You may find this page from the Disability Alliance useful for background reading. Although this mainly concerns new claims for the first time. At some point before 2015 all existing Incapacity Benefit claims will be migrated across. Though this changes. The original date was 2010.
I am a great believer in forewarned is forearmed.
John.
P.s. I found this in a Trade Union magazine the other day and it applies to me and has been rolling around my head so I though I would share it.
"If you fight you might not always win. But if you don't try you will surely lose"
If anyone happens to have an Incapacity Benefit form number IB50 which has not been filled in. I would appreciate it if you would send it to me. I need to provide one to someone as part of the information pack for campaigning purposes. I would also like to scan it in and make it generally available.
If you can scan this in or have a copy to send me please email me - john@tcell.org.uk
Thank you.
Just a reminder that if you are a patient covered by the KVN Forum. There is a meeting tomorrow evening with Lisa Power of the Terrence Higgins Trust. Click here for original post and links.
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.
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.
As always we recommend you get proper advice from a welfare rights service or legal advisor.
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 ThCell 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 ThCell. 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 ThCell 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 ThCell 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"
