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Taking Nutrition and Aids
- ANGELA
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3 years 7 months ago #263150 by ANGELA
Replied by ANGELA on topic Taking Nutrition and Aids
If you had to buy a lap tray SPECIFICALLY because that was/is the only way he can take nutrition you should be fine. It is not a personal choice; it is necessary.
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- PDix
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3 years 7 months ago #263185 by PDix
Replied by PDix on topic Taking Nutrition and Aids
I think that you must emphasize the point time after time that using the tray is not a choice but the only way he can eat. People do eat from trays but it is their choice just in the same way some people sit on a chair or bed to dress. They choose to, they don’t have to. There are lots of things that disabled people do to get around issues. Sometimes it isn’t particularly safe but it’s what you have to do. Our worlds shrink with disability. We don’t have the choices that the able-bodied have. We have to make do too often.
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- LL26
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3 years 7 months ago #263212 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Taking Nutrition and Aids
Hi Waxwing,
I have been thinking about this further over the last few days. Several people have given very good comments which you should consider. When I posted earlier, I said it was unlikely you could claim a lap tray was an aid/appliance, but this is certainly not impossible. I think the way to approach this is to consider exactly how your friend would manage to eat without this. I doubt that he will be able to do so safely, to an acceptable standard, which can comprise being in a lot of pain, (it would have to be quite a lot of pain to count), consider also the aspect of repetition and reasonable time, which could also apply. Describe how the use of the tray improves the friend's ability to eat and drink. Describe what goes wrong if he doesn't have it. Also, if your friend goes on holiday, or stays away, does he need to take the tray with him? What about eating out?
It isn't an obvious aid but could become one. It may of course be something that you might need to argue at a tribunal if necessary. Not that this should worry you. As I said before, nothing ventured nothing gained!
The crux of this will be in the explanation.
LL26
I have been thinking about this further over the last few days. Several people have given very good comments which you should consider. When I posted earlier, I said it was unlikely you could claim a lap tray was an aid/appliance, but this is certainly not impossible. I think the way to approach this is to consider exactly how your friend would manage to eat without this. I doubt that he will be able to do so safely, to an acceptable standard, which can comprise being in a lot of pain, (it would have to be quite a lot of pain to count), consider also the aspect of repetition and reasonable time, which could also apply. Describe how the use of the tray improves the friend's ability to eat and drink. Describe what goes wrong if he doesn't have it. Also, if your friend goes on holiday, or stays away, does he need to take the tray with him? What about eating out?
It isn't an obvious aid but could become one. It may of course be something that you might need to argue at a tribunal if necessary. Not that this should worry you. As I said before, nothing ventured nothing gained!
The crux of this will be in the explanation.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Waxwing
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3 years 7 months ago #263214 by Waxwing
Replied by Waxwing on topic Taking Nutrition and Aids
Thanks LL26, Dixip and Angel
Some very good advice. We have been debatining if we should use it or not as the person who I am helping had his previous claim refused at tribunal and it took 2 years to find out he was not eligble and that was because he did not fill the forms in correctly and did not understand what PIP was all about. He talked to much about his disability and nothing in detail about the problems he has with the activities according to the descriptors. This caused alot of psycological stress for him and on top of the constant pain he sufferes it was a really bad time so we want to do it properly this time hence we are taking it very slowly and steadily so we can go over everything again and again to make sure it is as detailed and as accurate as possible. So if this is going to be contentious and could jeopardize the claim which means that we would have to go to tribunal we "might" not include it. If we do include it then I will certainly keep this thread updated.
Thanks again all
Waxwing
Some very good advice. We have been debatining if we should use it or not as the person who I am helping had his previous claim refused at tribunal and it took 2 years to find out he was not eligble and that was because he did not fill the forms in correctly and did not understand what PIP was all about. He talked to much about his disability and nothing in detail about the problems he has with the activities according to the descriptors. This caused alot of psycological stress for him and on top of the constant pain he sufferes it was a really bad time so we want to do it properly this time hence we are taking it very slowly and steadily so we can go over everything again and again to make sure it is as detailed and as accurate as possible. So if this is going to be contentious and could jeopardize the claim which means that we would have to go to tribunal we "might" not include it. If we do include it then I will certainly keep this thread updated.
Thanks again all
Waxwing
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- LL26
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3 years 7 months ago #263228 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Taking Nutrition and Aids
Hi Waxwing,
Your question is tricky, but there is a slightly different angle that you should consider. I have real life clients who I help with forms and tribunal appeals. If I was dealing with your lap top aid, I would actually mention this, even though its debatable as to whether you would score points. (Although it is not impossible.) My rationale is that you need to complete the word picture of disability. Your friend has awful spine and hip problems that mean he can't even sit down properly. This will surely mean that he will struggle to do a lot of the descriptor activities. If the decision maker reads that the claimant can't sit down to eat due to pain, then it is much more likely he will conclude that there is very limited walking too, and perhaps inability to wash etc. It's about joining all the dots! Write about all the functional issues precluding descriptor activities. Also remember that it doesn't matter where the points come from, but if you don't make a case for everything DWP is unlikely to volunteer points!
I hope this helps.
LL26
Your question is tricky, but there is a slightly different angle that you should consider. I have real life clients who I help with forms and tribunal appeals. If I was dealing with your lap top aid, I would actually mention this, even though its debatable as to whether you would score points. (Although it is not impossible.) My rationale is that you need to complete the word picture of disability. Your friend has awful spine and hip problems that mean he can't even sit down properly. This will surely mean that he will struggle to do a lot of the descriptor activities. If the decision maker reads that the claimant can't sit down to eat due to pain, then it is much more likely he will conclude that there is very limited walking too, and perhaps inability to wash etc. It's about joining all the dots! Write about all the functional issues precluding descriptor activities. Also remember that it doesn't matter where the points come from, but if you don't make a case for everything DWP is unlikely to volunteer points!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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