- Posts: 7
× Members
Error of law with activity 6 - Dressing
- Boss
- Topic Author
- Offline
Less More
3 months 1 week ago #292706 by Boss
Error of law with activity 6 - Dressing was created by Boss
Hi everyone and thanks for the good work.
Am assisting a friend who was awarded 7 points on appeal for preparing meals, medication, washing and toileting. The points given were for needing the use of an aid to manage these tasks.
Tried to appeal to the UT for the dressing as this gives her most difficulty and as such has to use a bed or sofa in order to manage the task. Permission to appeal to the UT has been denied on the grounds that "the Tribunal was entitled to follow the latter UT cases and find that a bed is not an aid."
The claimant is a 60 year old lady with Low back pain, osteoarthritis of knees, foot pain arthralgia of multiple joints and fatigue.
Would like to take her case further to the UT. Any advice on this issue is very welcome.
Am assisting a friend who was awarded 7 points on appeal for preparing meals, medication, washing and toileting. The points given were for needing the use of an aid to manage these tasks.
Tried to appeal to the UT for the dressing as this gives her most difficulty and as such has to use a bed or sofa in order to manage the task. Permission to appeal to the UT has been denied on the grounds that "the Tribunal was entitled to follow the latter UT cases and find that a bed is not an aid."
The claimant is a 60 year old lady with Low back pain, osteoarthritis of knees, foot pain arthralgia of multiple joints and fatigue.
Would like to take her case further to the UT. Any advice on this issue is very welcome.
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- LL26
- Away
Less More
- Posts: 1383
3 months 1 week ago #292714 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Error of law with activity 6 - Dressing
Hi Boss ,
Unfortunately it is correct- a bed is not an aid there is caselaw on this.
I'm not sure where you go from here. If you have appealed to UT on the sole basis of bed use as an aid, then your only way forward is to argue an error of law. This would have to be something else apart from the bed.
Maybe you should think around the problem. If there is clear evidence that the friend can't bend and needs help to put on socks etc then it might be possible to argue that there is error of law because the UT has ignored this. Might be more points if same applies to putting on upper body clothing.
However without seeing the paperwork I can't say for sure, and this is only a vague possibility.
You might wish to seek specialist advice from an experienced advisor in UT appeals.
I'm sorry I can't offer an exact solution.
LL26
Unfortunately it is correct- a bed is not an aid there is caselaw on this.
I'm not sure where you go from here. If you have appealed to UT on the sole basis of bed use as an aid, then your only way forward is to argue an error of law. This would have to be something else apart from the bed.
Maybe you should think around the problem. If there is clear evidence that the friend can't bend and needs help to put on socks etc then it might be possible to argue that there is error of law because the UT has ignored this. Might be more points if same applies to putting on upper body clothing.
However without seeing the paperwork I can't say for sure, and this is only a vague possibility.
You might wish to seek specialist advice from an experienced advisor in UT appeals.
I'm sorry I can't offer an exact solution.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: VIA, Boss
Please Log in or Create an account to join the conversation.
- Bud
- Offline
Less More
- Posts: 400
3 months 1 week ago #292716 by Bud
Replied by Bud on topic Error of law with activity 6 - Dressing
Hello Boss,
I’ve just found this on our very useful guides.
Button hooks
Zip puller
Long handled shoe horn
Grabber
Dressing stick
Leg lifter
Elastic shoe laces
Sock/stocking/tight aid
I’ve just found this on our very useful guides.
Button hooks
Zip puller
Long handled shoe horn
Grabber
Dressing stick
Leg lifter
Elastic shoe laces
Sock/stocking/tight aid
The following user(s) said Thank You: VIA
Please Log in or Create an account to join the conversation.
- Boss
- Topic Author
- Offline
Less More
- Posts: 7
3 months 6 days ago #292741 by Boss
Replied by Boss on topic Error of law with activity 6 - Dressing
Thanks a lot LL26.
What you've said makes a lot of sense and make me look at the issue differently.
Thanks a lot
What you've said makes a lot of sense and make me look at the issue differently.
Thanks a lot
Please Log in or Create an account to join the conversation.
- Boss
- Topic Author
- Offline
Less More
- Posts: 7
3 months 6 days ago #292742 by Boss
Replied by Boss on topic Error of law with activity 6 - Dressing
Thanks BUD.
The information you've provided is very helpful.
Bosco
The information you've provided is very helpful.
Bosco
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David