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anonymous
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Hi,

I have just recieved an IB50 from the Departiment of Work and Pensions . To be honest my jaw just hit the floor when i opened the letter this morning . I have been hiv+ since early 1998 and have always suffered with Chronic Asthma ,   Panic/ Anxiety Attacks  , along with heavy depression  . Since being  diagnosed my stats have always appeared ok yet i have suffered really  severe fatigue , night sweats etc . It has been suggested before that due to my symptons that it might be an idea to start anti- retrovirals   I have always been terrified to have to go down this  road  until i have to , i have always saw it as using one of my lives ( if you follow my meaning ).

When i originally applied for my DLA ( 1998 ) i was turned down , so i appealed the decision . Then the DWP  sent out a doctor to examine me and he agreed that i should be placed on the higher rate of DLA . Then after not hearing anything for months i had to get a local Mp to intervene to try and get them to start my DLA . When my original Allowance  Entitlement Notice arrived i showed to my HIV specialist who said i should return it and have it reworded "For Life". I can completily understand why he had suggested this as he had seen 1st hand  what a struggle  i had in getting it in the first place . I returned the letter and spoke to the department involved and they agreed and forwarded me a new Allowance Entitlement Notice which was from the 31/10/98 for life at the higher rate. I kept a copy .

Is it legal that they can backstep on a letter like this . Is it the norm that they just have people jump through hoops like this as and when it pleases them?. 

I just realised i have always felt i have looked over my shoulder with this disease and the benifits that surround it . I have never been able to bank on a reasonable period of reasoanble health . I have never been able to think of returning to work or study without that being blown from the water with a very clear reminder of my ill health and hence my limitations .

I wonder?????? would the DWP pay me a salary and  take me on as an employee knowing the chances are i will be sick day in day out , might not be able to show up to work due to feeling so crap (on a weeelly basis) or the fact that most of the day they might not get sense out of me because as they are asking me to carry out tasks my eyes are shutting with a fatigue that  just seems to comes outta nowhere

Sorry ranting now just very argry with this situation , any advice would be appreciated!!

T

 

John
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Joined: 09/03/2008
Firstly if you are currently in receipt of Disability Living Allowance Higher Rate Care you should not have been sent an IB50 for Incapacity Benefit Review.  Also with Incapacity Benefit being changed to the Employment & Support Allowance this is doubly confusing.

 

Click here for guidance on the IB50. <
 
Secondly, the law around benefits is highly complex. Probably the most complex area of law with several legislative changes and numerous Statutory Instruments.  We have pursued many points of law on the Disability Living Allowance and "for life" issues. The over-ridding opinion is that the law is in place. So yes the "hoops" are there for us to go through.
 
"For life" has changed to "an indefinite period". Which seems to mean the same thing.
 
Your "looking over shoulder" comment is typical in that you are not the first to feel this and won't be the last. We all know why you feel like this.
 
Lastly, feel free to "rant". So long as it is not abusive or offensive, one of the founding reasons for this site was to allow people to "let out" their feelings and have a bit of a "rant". So please don't worry about outpouring your anger. Its welcome.

 

I would strongly recommend that you always keep every copy of any paperwork the DWP send you.

 
John.
anonymous (not verified)
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shybiker (not verified)
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thankyou for great answer yesterday,it has certainly put my mind at rest.....i have read so much of these benefit changes and it had caused me a lot of concern ,not just for myself but also to those genuine deserving cases.

John
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Joined: 09/03/2008

Your very welcome

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