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TOPIC: Tribunal Help

Tribunal Help 1 year 11 months ago #127181

Hi

I have my PIP Tribunal on Monday and couldn’t find anyone to represent me, however I have had support with my submission thanks to this site and a family member.

The issue is around Preparing Food, I have been awarded 2 points and the DM has said that I could use lighter pans and use one hand. This is despite me sending in photo’s of cuts, burns and bruises to my hand from trying to use different types of adaptions.
The medical assessor even comments in her report that I have limited grip and in her examination I could only able to tap my first finger to thumb and with difficult and that she saw my splint and that the surgeon said I have to wear it all the time.
Could anyone advise what I could argue for the 4 points as I know that is where I fit.

I am also disputing the 1 point award for help with managing therapy as I believe I should have been awarded two.

I have got sufficient medical reports that prove the assessor was wrong and has contradicted herself, but DWP have gone totally off her 'opinion'
Last Edit: 1 year 11 months ago by Gordon.
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Tribunal Help 1 year 11 months ago #127192

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Weby

Sorry for the delay in answering, my browser yet again hiccupped and lost all of my answer just before I clicked submit :(

To score four points for Preparing Food you need to show

Needs supervision or assistance to either prepare or cook a simple meal

I assume that you need assistance rather than supervision.

The primary issue you will likely need to deal with is that the DWP guidance states that carrying things is not relevant to the test, quite how you are supposed to prepare a meal without doing this I don't know, so this is certainly something that you can argue against, however, the panel will also look at ways that you might simplify this type of activity, so as example for cooking vegetables; you could put an empty pan on the hob and then fill it with water using a smaller and more easily managed container, at the end of the cooking you could use a slotted spoon to remove the vegetables to another container removing the need to pick up a hot pan.

So your task will be to think of how each task can be simplified and where relevant argue that you would still have problems, remembering that even these simpler activities must be done reliably, so using the same example; if you suffer from memory problems you might say that due to this you would still be liable to pick up the hot pan of water with the associated risk of burning or scalding yourself.

For Managing Treatments

For four points you need to show that you

Need supervision, prompting or assistance to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week.

If you scored the one point for "supervision, prompting or assistance" then you should not need to argue this point in detail as it is accepted that this is an issue, so the argument revolves around the time required. A good start would be for you to accurately time each of the activities involved in your treatment, remember that there may be other things that have to be done in order for the treatment to be done, as a simple example, to take tablets most people will need a glass of water (or the equivalent), to help them do so, so the effort and time to get a drink should be included in the time, perhaps you have to eat before or after you have taken certain tablets.

If it was due to the use of aids or appliances, then your task will be much more difficult as your will need to establish the need for "supervision, prompting or assistance", one thing you might want to consider is whether these are available reliably, as an example; if the only person who can prompt you is your husband, then there may be large parts of the day where they are unavailable to do this, even if it were over the phone.

Lastly, if your evidence contradicts what the assessor has assumed or stated, then draw the panels attention to these points to show that they are unreasonable.

Best of luck

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 1 year 11 months ago by Gordon.
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The following user(s) said Thank You: Weby

Tribunal Help 1 year 11 months ago #127278

Hi Gordon

I just wanted to say thank you for your advice and the help guides and resources on here have helped me massively.

I had my PIP tribunal hearing today and was awarded the lower rate care component, finally ending what has been a hellish 16 months.


Have a good Christmas and thanks
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Tribunal Help 1 year 11 months ago #127279

  • Gordon
  • NOW ONLINE
  • Forum Moderator
Weby

Congratulations on the win, it's not easy to sit in front of a Tribunal panel and persuade them that you meet the criteria.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Tribunal Help 1 year 11 months ago #127280

  • bro58
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Well done W !!! :cheer:

As Gordon says, that's no mean feat !!

Have a good Festive Season !!! :)

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Tribunal Help 1 year 11 months ago #127281

That's great news, thanks for letting us know! I hope you are able to relax and enjoy the festivities.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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