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Just received "The Bundle"

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7 years 7 months ago #182884 by David
Just received "The Bundle" was created by David
Hi Gordon
Just received the DWP bundle in respect of my wifes appeal. As she has had chronic arthuritis since birth, she has various curtailments to everyday activities. In the HP report under the muskuloskelator exam it stated " cannot put left and right hand behind head" then "can put left and right hand behind back". In fact she has problems doing both at various times. Later in the descriptors for washing and bathing and again for dressing and undressing it states " can put left and right hand behind head but cannot put left and right hand behind back " . Because of her problems, I have to help her wash and dress in the mornings if she wants to, before her meds kick in 3-4 hrs later. Would this inconsistency be a good place to start appeal. Thanks

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7 years 7 months ago #182910 by Gordon
Replied by Gordon on topic Just received "The Bundle"
David

Your wife will only receive an award because you/she have shown that she meet the criteria for one, so this should be your primary focus, I'm not saying that you should ignore the report, but Tribunal panels are used to dealing with inconsistencies in the assessment, so you should make this a secondary activity.

I would go through her PIP2, the assessment report and the PIP Claim guide to ensure that you shown that she meets the criteria and how. Treat the Descriptors as they are written there is little opportunity to re-interpret them. Be aware that some of the Descriptors have multiple elements and she won't score then points unless she meets all of the them. Make sure that you have made appropriate use of "reliably" and "on the majority of days".

If you have questions then please reply to this post and we will do our best to help.

Gorodn

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: David

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7 years 6 months ago #183084 by plankgirl
Replied by plankgirl on topic Just received "The Bundle"
David,
My HCP report said similar things. I CAN do some of the things stated but not without pain, reliably, repeatedly, in a timely manner and in some instances, safely. I repeatedly used these phrases to explain how variability affects what I can do. I have fibro and other conditions so experience difficulties at various times - the key is that you need to show how restricted your wife is for the majority of the time.
Good,luck with tribunal !

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