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At any point during the day
- David
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7 years 2 months ago #180425 by David
At any point during the day was created by David
According to law a descriptor applies to you for the whole day if it applies at any point during a 24 hour period – unless it is just "momentary"
This would seem to apply whether the f2f assessor was witness to something or not.
For example, mobility, if in the morning I can't stand and walk more than 20m until my pain killers take effect some 2-3hours later but afterward I can move upto 50m, which is what the assessor witnessed, would descriptor 2e still apply ?
Or if the assessor came in the morning and tested for pinch and grip to be normal but in the evening my wife cannot be left alone to cook a meal as she cannot lift hot pans safely, due to life long arthuritis, would descriptor 1e still apply ?
Thanks for all your great work here. sorry for all the left field questions, the result of an active brain when not much else works.
This would seem to apply whether the f2f assessor was witness to something or not.
For example, mobility, if in the morning I can't stand and walk more than 20m until my pain killers take effect some 2-3hours later but afterward I can move upto 50m, which is what the assessor witnessed, would descriptor 2e still apply ?
Or if the assessor came in the morning and tested for pinch and grip to be normal but in the evening my wife cannot be left alone to cook a meal as she cannot lift hot pans safely, due to life long arthuritis, would descriptor 1e still apply ?
Thanks for all your great work here. sorry for all the left field questions, the result of an active brain when not much else works.
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7 years 2 months ago #180458 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic At any point during the day
David
It's not quite that clear cut, the time must be relevant to the activity, so a claimant in severe pain in the morning until their pain killers have taken effect, could successfully argue that they could not reliably wash or dress, however, the same argument would not work in regard to preparing a meal as the DM could argue that there is no requirement for this to be done first thing in the day.
Gordon
It's not quite that clear cut, the time must be relevant to the activity, so a claimant in severe pain in the morning until their pain killers have taken effect, could successfully argue that they could not reliably wash or dress, however, the same argument would not work in regard to preparing a meal as the DM could argue that there is no requirement for this to be done first thing in the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David
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7 years 2 months ago #180483 by David
Replied by David on topic At any point during the day
I realise this may be a grey area. The HCP can only assess on what they witness and or believe. As the assessment is only a snap shot of a typical day. Would it be arguable, in the case of mobility, that with painkillers in effect I could walk up to 50m in the morning when rested, but as fatigue sets in during the day that drops to less than 20m and therefore that less than 20m would be applicable at any point in the day
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7 years 2 months ago #180491 by Gordon
You can certainly make the argument, I would look at the reliability terms and consider your ability across the whole day to show that more often than not that you were unable to walk more than 20m.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic At any point during the day
David wrote: I realise this may be a grey area. The HCP can only assess on what they witness and or believe. As the assessment is only a snap shot of a typical day. Would it be arguable, in the case of mobility, that with painkillers in effect I could walk up to 50m in the morning when rested, but as fatigue sets in during the day that drops to less than 20m and therefore that less than 20m would be applicable at any point in the day
You can certainly make the argument, I would look at the reliability terms and consider your ability across the whole day to show that more often than not that you were unable to walk more than 20m.
Gordon
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7 years 2 months ago #180515 by BenefitsBod
Replied by BenefitsBod on topic At any point during the day
David: On the off chance you haven't already seen it, there is an Upper Tribunal decision which considers this issue in detail, including the timing of the activity during the day.
The case is TR v SSWP [2015] UKUT 626 (AAC) (file ref: CPIP 2054/2015)
Better still, it is "reported" as [2016] AACR 23 - a reported decision is normally preferred to one that isn't.
link: administrativeappeals.decisions.tribunal...px/view.aspx?id=4719
Of immediate interest, try para 24 and then paras 32+.
Good luck.
The case is TR v SSWP [2015] UKUT 626 (AAC) (file ref: CPIP 2054/2015)
Better still, it is "reported" as [2016] AACR 23 - a reported decision is normally preferred to one that isn't.
link: administrativeappeals.decisions.tribunal...px/view.aspx?id=4719
Of immediate interest, try para 24 and then paras 32+.
Good luck.
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