- Posts: 470
parameters for appeal
- micksville
- Topic Author
- Offline
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
- Posts: 9439
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- micksville
- Topic Author
- Offline
- Posts: 470
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
- Posts: 51284
micksville wrote: Thanks......tbh when I re read my form I have myself scoring enough points to make enhanced care but dwp might not necessarily agree with all the reasons why aids aren't completely of use to me. However, I have given an honest assessment of my difficulties on the form so was just thinking with one eye on the future in case they move the goalposts yet again. I simply want the (imo) correct decision in the first place. However, I take your point about not appealing a decision you technically agree with.
We regularly see members in this situation, the appeal system simply does not cater for these circumstances, it's not ideal but there is no way around it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- FMS
- Offline
- Posts: 14
I suspect I am likely to be in a similar situation. My problems are also physical with supporting medical evidence and operation scars!
It would appear from the copy of the HP report that I will be awarded 11 points for care which I am fairly happy with. However, unless DWP comes to a different decision all my points will be awarded on: (b) Needs to use an aid or appliance to be able to .... which awards 2 points apart from 'Monitoring Health Conditions' under which (b) awards 1 point.
However, I told the HP that I can't use aids due to to my reduced grip etc. In my opinion assistance' is required rather than 'aids'.
However, the HP has used as justification for all the descriptors that 'I was able to hand over paperwork' and 'I still drive'. However, under 'Social and occupational history' she states that 'I drive an automatic car but do not go out alone as cannot pull on hand brake so somebody must be with her and she drives very little'. Under 'Musculoskeletal system' she states things like 'Wrist movements stiff and reduced; upper limb power reduced; dexterity and pinch grip all reduced in both hands.'
I don't really know what aids she is referring to as, for instance, what aid would help me carry a pan of hot water without the possibility of dropping it and scalding myself - not to mention my pain in trying to carry it? What aid would help me chop something without the knife slipping and cutting me? Attempting to cut more than one quarter of an onion usually results in me having to rest until the pain diminishes so I let my husband do it! Etc. etc.
On the very few occasions when I do drive the automatic car (which is only on good days, roughly 3 times a month), she stated I need someone to pull on the handbrake. Also there is no real gripping required only a slight push/pull mechanism with my hand and arm resting on the gear stick, The gear stick isn't heavy, can't fall and requires little effort in terms of 'dexterity and grip' so how can this be used as justification for the descriptor choice which states that 'I need to use an aid or appliance'?
I suspect that I will have to request an MR (and no doubt go on to appeal) as I feel that I could not accept the award because of the HP's choice of descriptor even although for nearly every Activity the points awarded is the same for 'aid' or 'supervision'.
I will await the DWP letter and decide finally after I receive that. I really would rather not waste taxpayers money going to appeal as I'd expect to get the same number of points (or possibly fewer points) but I would feel uncomfortable accepting a favourable decision when I specifically told the HP that I don't use aids!!
Please Log in or Create an account to join the conversation.