DS 1500 and DWP medical advice services

I have just got to let off steam as I am sooo angry!

A client of mine with advanced bone cancer has been awarded DLA low care. We sent a DS 1500 from his hospital cancer specialist along with an appeal request.

I have been told today the decision maker has looked at the case as a reconsdieration (not an appeal) and sent us out a letter to say the award staying at low care and so we will have to lodge another appeal.

The reason why the DS 1500 from a hospital cancer specialist was not accepted was because the DM took advice from Medical Services, who felt my client was not suffering from a terminal illness.

I am flabbergasted….

Thanks Dan - where will I find a copy of Novitskaya, as I am not familar with it?

I know the Macmillan nurse did the claim pack, but I have yet to see a copy of the form (DWP being their usual unhelpful self and ignoring requests for copies of evidence considered by the DM), so I dont know if special rules was ticked.

I got the DS 1500 from the hospital after the claim had been refused. We lodged a review and low rare care was awarded before we got the chance to send in the DS 1500 and the report from the cancer nurse.

We then lodged an appeal and this was treated as a “reconsideration” and we have now been advised that high mob & mid care is being awarded and that the apepal has lapsed. This decsion states that my client does not satisfy the conditions for the special rules, but does not say why.

here’s a link to novitskaya judgment -

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1260.html

and rightsnet news story on it -

http://www.rightsnet.org.uk/news/story/Whether-necessary-to-complete-a-claim-form-or-name-a-particular-benefit-in-

cheers ros

Many thanks Ros