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Evidence gathering.......where?
- Keith
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6 years 10 months ago #190919 by Keith
Evidence gathering.......where? was created by Keith
Hi,My husband suffers with MS, was diagnosed in 2001, claimed DLA in 2007 and was technically retired/finished work as a quarry manager in 2008. He was on higher DLA indefinitely.
I have filled in the PIP forms and we have had the assessment at home. They have now put him on standard daily living needs at 8 points and enhanced mobility on 12!??
I have the report and intend to appeal the living which I understand may be a risk as they have made it so with the lowest points given, should we loose any more. I however, can't understand how the pointing system was made so low already so what will we be risking exactly?
What I'm asking, is where is the best place I can ask for evidence re, cooking etc as they seem to of decided that he can cook with an aid like a chair. Again I'm asking how a man who cannot hold a knife securely or lift a saucepan safely is able to cook a meal, let alone bend down to lift anything out of an oven?! He has not cooked in over 15 years!
He suffers constantly, but they seem to be under the impression that this is all a blip in the road of life as they have only awarded him his PIP until 9th May 2020!?
Please.......where do I start looking for the relevant information that I will need to appeal.
TIA
Viv
I have filled in the PIP forms and we have had the assessment at home. They have now put him on standard daily living needs at 8 points and enhanced mobility on 12!??
I have the report and intend to appeal the living which I understand may be a risk as they have made it so with the lowest points given, should we loose any more. I however, can't understand how the pointing system was made so low already so what will we be risking exactly?
What I'm asking, is where is the best place I can ask for evidence re, cooking etc as they seem to of decided that he can cook with an aid like a chair. Again I'm asking how a man who cannot hold a knife securely or lift a saucepan safely is able to cook a meal, let alone bend down to lift anything out of an oven?! He has not cooked in over 15 years!
He suffers constantly, but they seem to be under the impression that this is all a blip in the road of life as they have only awarded him his PIP until 9th May 2020!?
Please.......where do I start looking for the relevant information that I will need to appeal.
TIA
Viv
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- Gordon
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6 years 10 months ago #190936 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Evidence gathering.......where?
Keith
I did reply to your post a couple of days ago, see
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=116568
in particular see my comment about HRC to PIP.
Picking up on a couple of the issues that you raise in your post.
If he is unable to stand in the kitchen then using a perching stool is a reasonable solution, if he can't sit on one of these then you need to explain why, some examples of problems would be that they are rarely the right height to sit at a worktop even if adjustable, if you can get them to a usable height then your feet are often knowing against the doors or panels, this can cause problems with having your leg bent, there can be issues getting on and off especially if you have to move around the kitchen.
The DWP will argue that he does not have to lift heavy pans, he can place the empty pan on the hob and fill it with from a container that he can manage, when the food is cooked he can lift it out of the pan with a slotted spoon.
The knife is more difficult for the DWP as there is a specific requirement for the claimant to be able to prepare the food.
All of the preparing and cooking activities are done at worktop height there is no requirement for the claimant to bend down to an oven.
You need to deal with all of these issues, for each activity think of the ways that your husband could actually complete them, don't be restricted by the fact that he can't, then you need to explain the problems that he would have if he did it that way.
Gordon
I did reply to your post a couple of days ago, see
www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=116568
in particular see my comment about HRC to PIP.
Picking up on a couple of the issues that you raise in your post.
If he is unable to stand in the kitchen then using a perching stool is a reasonable solution, if he can't sit on one of these then you need to explain why, some examples of problems would be that they are rarely the right height to sit at a worktop even if adjustable, if you can get them to a usable height then your feet are often knowing against the doors or panels, this can cause problems with having your leg bent, there can be issues getting on and off especially if you have to move around the kitchen.
The DWP will argue that he does not have to lift heavy pans, he can place the empty pan on the hob and fill it with from a container that he can manage, when the food is cooked he can lift it out of the pan with a slotted spoon.
The knife is more difficult for the DWP as there is a specific requirement for the claimant to be able to prepare the food.
All of the preparing and cooking activities are done at worktop height there is no requirement for the claimant to bend down to an oven.
You need to deal with all of these issues, for each activity think of the ways that your husband could actually complete them, don't be restricted by the fact that he can't, then you need to explain the problems that he would have if he did it that way.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Keith
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6 years 10 months ago #190944 by Keith
Replied by Keith on topic Evidence gathering.......where?
Thankyou Gordon and yes you did try to explain. Please forgive me but I am struggling with all this. For me, I cannot allow him to attempt to cook, he's just not safe, he has no feeling of touch in his left hand and constantly suffers with fatigue. This point is just one that I need to make, there are others which I won't go into. The minimum points given seems very unfair.
I'm at a loss as to what is expected from him, should I just accept this is his lot and there is nothing to be gained by going to appeal? All I ask is if anyone can help me and where do I go to gather this evidence that I need? His MS team, his medical records?
I'm at a loss as to what is expected from him, should I just accept this is his lot and there is nothing to be gained by going to appeal? All I ask is if anyone can help me and where do I go to gather this evidence that I need? His MS team, his medical records?
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- Gordon
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6 years 10 months ago #190948 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Evidence gathering.......where?
Keith
You need to play the long game on this, the DWP will favour their own report over you evidence and this will still ne the case during an MR, but an appeal panel will look at everything from scratch and with a much more balanced view, but you have to go through the MR to get there.
This isn't always a matter of providing more evidence, sometimes those assessing a claimant simply do not understand their conditions and the limitations that result.
Gordon
You need to play the long game on this, the DWP will favour their own report over you evidence and this will still ne the case during an MR, but an appeal panel will look at everything from scratch and with a much more balanced view, but you have to go through the MR to get there.
This isn't always a matter of providing more evidence, sometimes those assessing a claimant simply do not understand their conditions and the limitations that result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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