re-applying for dla special rules

celinepatricia

Hi all..my husband has recieved his Dla revewal. He is claiming under the DS1500 special rules. Does he have to fill in all this form again or if you are under special rules can you renew with a new DS1500 from the doctors. Obviously, claiming because of terminal illness he hasnt got any chance of recovery. Thanks

Richie-from-the-Boro

celinepatricia wrote: »

Hi all..my husband has received his Dla renewal. He is claiming under the DS1500 special rules. Does he have to fill in all this form again or if you are under special rules can you renew with a new DS1500 from the doctors. Obviously, claiming because of terminal illness he hasn't got any chance of recovery. Thanks

- "as a consequence of that disease can reasonably be expected within 6 months"
- which 'this' form ? .. .. .. ATOS ? DLA ? ESA ? PIP ?
- get a new [in date] DS1500 from his GP as soon as possible, you, anyone can ask and be given the DS150

celinepatricia

? DLA. will be getting new DS1500 to send off on Monday.

GlasweJen

At the initial application of special rules a doctor would have states, with a DS1500 form, that your husband is reasonably expected to live less than 6 months. My "special rules" award was indefinite.

If your husband has lasted a substantial bit over this then they may be calling into doubt his prognosis, things change. It could be that your husband is terminal but not terminal enough (6 months or less to live according to a reasonable doctor). An example would be terminal kidney disease but dialysis still working so reasonably has over 6 months to live.

Ask your doctor if he is happy to fill in a new DS1500 but bear in mind if he is already on a special rules claim and they've called it in to review then they must either be incredibly insensitive or your husband has lasted a lot longer than expected.

Hope it goes well.

celinepatricia

He has actually got metastic kidney cancer (spread to lungs) He is on permanent chemo which hes has to take four weeks on and two weeks off to try to let his body recover before the next cycle. This type of medication can work for a month, a year, three years nobody knows...he has to have a scan every twelve weeks to see if it is still holding the cancer stable. If he had got this disease 6-7 years ago there was no treatment available so it is still quite early days in how people progress whilst on the treatment. As you can imagine it is very stressfull living from scan to scan and not knowing when you are going to get the bad news that its not working anymore..

Richie-from-the-Boro

celinepatricia,

Its normal to be asked to re-do a DLA claim application, my advice would be to submit the new DS1500 along with any oncologists report with the DLA renewal application.

Generally speaking the new in date DS1500 will be sufficient to open any door including the DLA renewal. Keep a record and copy of all forms sent.

GlasweJen

I think in those circumstances I'd fill in the form AND send a DS1500 in. Sounds like he has a load of care needs so doesn't really need the special rules as he'd need high care anyway? If they don't accept he has a limited time left then they'd need to consider his needs anyway.

celinepatricia

thanks for your advice..will tackle the form today and send it off with new DS1500...will let you know how we get on.

rogerblack

celinepatricia wrote: »

He is on permanent chemo which hes has to take four weeks on and two weeks off to try to let his body recover before the next cycle.

There are two things here.
Others have mentioned the '6 month rule'. I note that 'a reasonable expectation within 6 months' - you can have a reasonable expectation of rain today if the sky is cloudy - even though the forecast is for no rain.

However, recently - January - the rules changed so that someone who is either undergoing, or recovering from chemo for cancer qualifies for the support group for ESA.

http://www.dwp.gov.uk/docs/m-1-13.pdf

CANCER TREATMENT
7 From 28.1.13, a claimant is treated as having LCW and LCWRA
wher they are
1.1
receiving treatment for cancer by way of chemotherapy or radiotherapy
or
1.2
likely to receive treatment as in
1.1
within six months after the date of the
LCW and LCWRA determination
or
1.3
recovering from treatment as in
1.1
and
1.4
the DM is satisfied that the claimant should be treated as having LCW
and LCWRA.

In short - if they are receiving,or about to receive - chemotherapy - then they are entitled to be found to have LCW and LCWRA - this is jargon for the support group.

It's important that you note that not only is the two weeks off 'recovering from' - as that may be determined by a DM to be not qualifying - but also 'likely to recieve within 6 months' - which is certain as they are scheduled to restart within two - this has no discretion.

I would fill in the ESA50 - at least partially - making sure that this is highlighted.
And also a DS1500 - if this can be obtained.

schrodie

Roger, has the matter of taking oral chemotherapy been resolved as to which group one is placed in?

rogerblack

schrodie wrote: »

Roger, has the matter of taking oral chemotherapy been resolved as to which group one is placed in?

Since 28th January, as mentioned above - things have changed - oral chemo also counts for the support group.

On the other hand - chemotherapy for conditions other than cancer since then no longer counts.