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FAO Gordon
7 years 4 months ago #176824 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAO Gordon
Wendy
As a general comment, could you shorten your posts, I have short term memory problems and I am realty struggling to retain the information from the start of your post by the time I get to the end.
To try and answer your questions.
As you and your sister are not appointees for your father you cannot act on his behalf in regard these issues, so your father needs to be present for any phone calls that you make on his behalf so that he can authorise the DWP to speak to you. His signature needs to be on any letters that you send the DWP.
We recommend making the MR request in writing but that does not stop you also doing so over the phone. Be aware there is a strike of Post Office workers next week so some Offices will be closed.
Your arguments for Managing Treatment seem to fall into the following;
He is forgetful and does not take his medicine or having taken it forgets that he has an double doses. You don't say whether he scored any points for this activity and it is not clear what points you are trying to score?
You don't seem to have explained why he is forgetful and the assessor comments that they can see no reason why he is.
Although your mother manages his treatment could an alarm and dossette box be used as an alternative, assistance and using an aid both score 1 point and the latter may be easier to argue.
Your second argument appears to be that he cannot apply the creams that he has been prescribed. If he has scored points for being unable to dress his lower body then this should be supportive, assuming that the cream needs to be applied to his lower body.
Dressing the upper body and washing the upper body go hand in hand, have you covered this in both of the relevant activities?
Activities are not required to be carried out pain free, but pain that limits the claimants ability to complete an activity should, so you should consider whether you have used the right words and phrases to describe his problems. Also reaching the areas is not sufficient, he must be able to do something with his hands when they are there, for example can he supply sufficient pressure against his skin to effectively wash? If not then this may indicate he would have similar problems with the cream.
Finally, most people will have "blind spots" where they cannot reach, for washing these can be dealt with by using an aid such as a long handled brush but you should be able to argue that this would not be applicable when applying the cream. There is also the issue of his being able to check that he has applied it to all required areas, a mirror may help but you should be able to argue that there are again "blind spots".
Gorodn
As a general comment, could you shorten your posts, I have short term memory problems and I am realty struggling to retain the information from the start of your post by the time I get to the end.
To try and answer your questions.
As you and your sister are not appointees for your father you cannot act on his behalf in regard these issues, so your father needs to be present for any phone calls that you make on his behalf so that he can authorise the DWP to speak to you. His signature needs to be on any letters that you send the DWP.
We recommend making the MR request in writing but that does not stop you also doing so over the phone. Be aware there is a strike of Post Office workers next week so some Offices will be closed.
Your arguments for Managing Treatment seem to fall into the following;
He is forgetful and does not take his medicine or having taken it forgets that he has an double doses. You don't say whether he scored any points for this activity and it is not clear what points you are trying to score?
You don't seem to have explained why he is forgetful and the assessor comments that they can see no reason why he is.
Although your mother manages his treatment could an alarm and dossette box be used as an alternative, assistance and using an aid both score 1 point and the latter may be easier to argue.
Your second argument appears to be that he cannot apply the creams that he has been prescribed. If he has scored points for being unable to dress his lower body then this should be supportive, assuming that the cream needs to be applied to his lower body.
Dressing the upper body and washing the upper body go hand in hand, have you covered this in both of the relevant activities?
Activities are not required to be carried out pain free, but pain that limits the claimants ability to complete an activity should, so you should consider whether you have used the right words and phrases to describe his problems. Also reaching the areas is not sufficient, he must be able to do something with his hands when they are there, for example can he supply sufficient pressure against his skin to effectively wash? If not then this may indicate he would have similar problems with the cream.
Finally, most people will have "blind spots" where they cannot reach, for washing these can be dealt with by using an aid such as a long handled brush but you should be able to argue that this would not be applicable when applying the cream. There is also the issue of his being able to check that he has applied it to all required areas, a mirror may help but you should be able to argue that there are again "blind spots".
Gorodn
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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