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DS1500

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6 years 9 months ago #191366 by fadge
DS1500 was created by fadge
Hello,
My benefits advisor recommended I ask my GP for a DS1500 because their understanding is that they should be issued when a patient requests one AND there is a possibility they will die within the next six months with at least one of their progressive conditions in some way being the cause, or the only cause. My GP claimed that I was asking them to commit fraud stating the law is that a DS1500 may only be completed when the patient will definitely (i.e. 100% chance) that they will die within the next six months. This rather conflicts with the change in the law a few years ago that DS1500s are to no longer be a lifetime award, but limited to three years.
The documentation I have, scanned from the CPAG brick of a book & and the Disability Rights Handbook, to us state that there doesn't even need to be a 50% chance - it just needs to be forseeable, i.e. not a surprise to a medical practicioner.
Are the barristers/printers of those books in error, or am I and the benefit advisor "missing something"? If the barristers/printers have erred, then how soon do you think their publications will be corrected?
Is there any reason at all to doubt these welfare rights bibles?
If the doctor is wrong in refusing, then how might one proceed?
Thanks.

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6 years 9 months ago #191373 by Gordon
Replied by Gordon on topic DS1500
Fadge

Sorry that you are having difficulty with this.

Your GP is wrong, the legal requirement is a reasonable expectation of death within six months.

However, it may be that your GP is unwilling to make any sort of statement on this matter and his suggestion that the law requires an absolute statement may be an excuse not to sign the form.

I assume you are seeing a Consultant at a hospital, could you speak to them about issuing the certificate?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: fadge

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6 years 9 months ago #191387 by fadge
Replied by fadge on topic DS1500
Thanks for that.
No, a potential fatal outcome is agreed The sticking point is regards the medical conditions causing it. They are unwaivering it's not any of my progressive conditions. Would a letter from a consultant have weight with the DWP, in lieu of a DS1500 ? When I claimed online the computer was demanding a DS1500.

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6 years 9 months ago #191428 by Gordon
Replied by Gordon on topic DS1500
Fadge

I'm afraid it is a requirement that the condition or disease that is causing the terminal prognosis is named on the DS150.

If your Consultant will write a letter why won't they fill in a DS1500?

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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