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Preparing and cooking a simple meal
- sunshine1965
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9 years 4 weeks ago #155756 by sunshine1965
Preparing and cooking a simple meal was created by sunshine1965
My PIP applications in 2013 awarded me 8 points for the descriptor preparing and cooking a simple meal. I have a condition that means I cannot weight bear as both my hip joints need replacing and I use two crutches for support. Using a perching stool is very painful and I have explained that I cannot do this activity safely, repeatedly or without experiencing a worsening of my symptoms. I was invited to reapply as my award was coming to an end. I have only been awarded 2 points for this activity this time for the descriptor can cook and prepare a meal using an aid. I have supplied medical evidence from my GP and specialist nurse stating that my condition has not improved since my last award when I requested a mandatory reconsideration but the decision has remained the same. I don't have any further medical evidence to provide. How can I best challenge this decision at Tribunal? The DWP report implies my condition has improved but my GP clearly states this is not the case. I feel very confused and anxious about this. I am now in receipt of enhanced mobility but only standard care whereas I was in receipt of enhanced care for the past two year. For other descriptors dealing with personal care they now state I need the use of aids rather than the assistance of my wife which was accepted for my previous claim. The cynic in me feels that this is as a direct result of the DWP yet again trying to move the goalposts by trying to change the points received for using aids. I know this has been delayed but it does seem odd that previously I was awarded points for help getting in to and out of the shower and washing below my waste but this time, although my GP has stated that my condition has not improved I am now only awarded points for needing an aid? Any advice would be appreciated. Many thanks
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- Gordon
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9 years 4 weeks ago #155785 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Preparing and cooking a simple meal
Sunshine
The changes that you refer to have now been cancelled, but would not have affected the Washing and Bathing activity anyway, the more likely answer to the change is a different assessor and Decision Maker reviewing you, it should not make a difference but often does.
An appeal will hear your claim from scratch and will look at all of your evidence with fresh eyes.
It's not important to provide fresh evidence if you are satisfied that you have already provided everything that is available, however, it would be worth your speaking to your GP about the assessors report, it's unlikely that they will be willing to help, but some members have had their GP comment on it.
Your primary task is to show that you meet the criteria for an Enhanced DL award, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
So go through your PIP2 form, the assessment report and our PIP Claim guide to show that you meet the criteria, you can draw the panel's attention to differences between the DWP report and your GP's. There are also a number of documents in the PIP section that will help you prepare a submission.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
The changes that you refer to have now been cancelled, but would not have affected the Washing and Bathing activity anyway, the more likely answer to the change is a different assessor and Decision Maker reviewing you, it should not make a difference but often does.
An appeal will hear your claim from scratch and will look at all of your evidence with fresh eyes.
It's not important to provide fresh evidence if you are satisfied that you have already provided everything that is available, however, it would be worth your speaking to your GP about the assessors report, it's unlikely that they will be willing to help, but some members have had their GP comment on it.
Your primary task is to show that you meet the criteria for an Enhanced DL award, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
So go through your PIP2 form, the assessment report and our PIP Claim guide to show that you meet the criteria, you can draw the panel's attention to differences between the DWP report and your GP's. There are also a number of documents in the PIP section that will help you prepare a submission.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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