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What are these magical aids
- Debbiedryland
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3 years 9 months ago #261455 by Debbiedryland
What are these magical aids was created by Debbiedryland
I had my PIP award through, my last one was won at Tribunal. Despite the DWP agreeing that my condition has deteriorated, they have downgraded my award. They have used the fact that I use "Smart Crutches" and that I can grip them which indicates that I can use aids in 5 of the daily activities and also because I can push my seatbelt into place once it has been passed to me. This is despite me explaining in detail that I do not need to grip my Smart Crutches and the handle is in a position that doesn't put a strain on my wrists. They also used my 1st assessment as a reference, despite the previous assessor not having access to my medical records and that too implicated that I could use aids because I can "grip" the handles of my smart crutches. I contacted them and asked them to specify what aids they meant; they couldn't specify any! Obviously I am putting in an MR, but I feel that they will do anything and twist anything to not award me what I should be awarded. It just seems like a no win situation.
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- BIS
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3 years 9 months ago #261474 by BIS
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Replied by BIS on topic What are these magical aids
Hi Drylander
It is common practice that if you use a certain aid where they believe you have to grip in some way (such as your smart crutches) they will make assumptions that you could use other sorts of aids (eg - special cutlery for food, or tool for picking up items, or tool for putting on socks etc). There are lots of aids out there (all of which cost money and many people don't have access to them and even if they do are not necessarily helpful!)
If you won your tribunal, I would be emphasising what they said at that time. You may also want to include a photograph of you with your crutches - but just make sure that helps your case rather than something they can use to confirm their views!
Do look at our guide to Appeals which has the information for putting in an MR
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
It is common practice that if you use a certain aid where they believe you have to grip in some way (such as your smart crutches) they will make assumptions that you could use other sorts of aids (eg - special cutlery for food, or tool for picking up items, or tool for putting on socks etc). There are lots of aids out there (all of which cost money and many people don't have access to them and even if they do are not necessarily helpful!)
If you won your tribunal, I would be emphasising what they said at that time. You may also want to include a photograph of you with your crutches - but just make sure that helps your case rather than something they can use to confirm their views!
Do look at our guide to Appeals which has the information for putting in an MR
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Debbiedryland
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3 years 9 months ago #261476 by Debbiedryland
Replied by Debbiedryland on topic What are these magical aids
I am just about to send in my MR, my Son spent the weekend working on it with me! I have sent photographs and websites with reviews and information about the smart crutches. I have sent in my Tribunal award. I didn't get a Statement of Reasons from my Tribunal. I have written to them requesting one, but I think after 3 years I might be out of luck on that one. I have pointed out that they have admitted that my condition has deteriorated and that the original assessment was flawed as there was no medical evidence at that point. I have referred them to the list of aids I have tried and why they aren't helpful and have stated that the 2 websites they suggested with aids do not have anything suitable that I haven't tried already! GP is now aware and if I get turned down at MR we're going to request an updated OT assessment. Seems mad that I have to use valuable resources to get a bit of paper from OT stating what we already know. At least I feel more confident this time around!
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3 years 9 months ago #261479 by BIS
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Replied by BIS on topic What are these magical aids
Hi Drylander
Glad you feel better about it. Hope it goes well.
BIS
Glad you feel better about it. Hope it goes well.
BIS
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- denby
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3 years 9 months ago #261483 by denby
Replied by denby on topic What are these magical aids
Hi, I believe if they downgrade you they may have to give reasons why, worth checking this out.
I could not agree more that much precious NHS time is getting wasted every day because claimants have to get written evidence from professionals in order to be believed. It is a scandal.
Best wishes, Denby
I could not agree more that much precious NHS time is getting wasted every day because claimants have to get written evidence from professionals in order to be believed. It is a scandal.
Best wishes, Denby
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3 years 9 months ago #261491 by LL26
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Replied by LL26 on topic What are these magical aids
Hi Drylander,
I am sorry to hear that your award has been downgraded when your condition had deteriorated.
Remember that it maybe helpful to point out that the grip required for eg using a knife is very different to that of a crutch. There is a downward force on a crutch and no requirement to grip the crutch in the same way as a knife. A knife will require horizontal force, and maybe twisting. You need to grip a knife tight to avoid dropping it. Take a look at how you hold and use both items, and you will see how very different it actually is.
DWP need to specify the exact sort of aid or appliance needed. It is not sufficient to just say "can use aid"ignoring why it will help. ( This may of course be because DWP just use generic phrases without having to actually think them through!)
As Denby said, this is a supersession case, ie where DWP change a previous benefit award. Dw will need to give full cogent reasons for doing this. If they can't then the decision can't be revised. If DWP admit your condition has deteriorated then it doesn't sound like they have justified the change of award as they have to. Include a list of medications if this shows doses etc have changed this also proves deterioration.
I hope this helps.Good luck.
LL26
I am sorry to hear that your award has been downgraded when your condition had deteriorated.
Remember that it maybe helpful to point out that the grip required for eg using a knife is very different to that of a crutch. There is a downward force on a crutch and no requirement to grip the crutch in the same way as a knife. A knife will require horizontal force, and maybe twisting. You need to grip a knife tight to avoid dropping it. Take a look at how you hold and use both items, and you will see how very different it actually is.
DWP need to specify the exact sort of aid or appliance needed. It is not sufficient to just say "can use aid"ignoring why it will help. ( This may of course be because DWP just use generic phrases without having to actually think them through!)
As Denby said, this is a supersession case, ie where DWP change a previous benefit award. Dw will need to give full cogent reasons for doing this. If they can't then the decision can't be revised. If DWP admit your condition has deteriorated then it doesn't sound like they have justified the change of award as they have to. Include a list of medications if this shows doses etc have changed this also proves deterioration.
I hope this helps.Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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