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Q. re: Getting in/out of un adapted bath or shower

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5 years 8 months ago #215157 by Gnut
Hi again Gordon

I got my assesment report. It was sent and recieved very quickly. From what I can see it looks like I will be going from High rate mobility (DLA) to no mobility (PIP), and low rate care (DLA) to standard rate care PIP.

If that turns out to be the case by the desision maker, then I think I have a handle on how to get standard mobility at MR, so at present I am not seeking your advice for that. However I do think I should be awarded high rate care.

My main question for now is regarding cooking a simple meal. I dont actually do any cooking (even though I used to love doing it) for the simple reason that I am unable to stand for more that 30 secs to 1 min before I get quite acute pain in my hip which is only relieved by sitting down for about five minutes. I don't get this particular pain when walking, only when I stand in one place.

When this first started happening, I thought that it could be resolved by using a perching stool, so I borrowed one to try out, but it turned out no good for me. I am only 4ft 9inch tall and my worktop is already rather high for me when standing, but not so high that I couldn't use it. However, using a perching stool safely (i.e adjusting its height so that I could sit safely with both feet on the ground) takes me lower so that the worktop and cooker are at about my underarm height which is far too high to be useable. Also there are no worktops that I can get my legs under so I would have to lean forward quite a ways or use the perching stool sideways to the worktop. As I can only bend forward slightly and I can't twist my hips, neither of those stool placements are ok. My kitchen is too small for a kitchen table and chair. I explained all this both in my report and again im my discusion with the assesor. So although I know how to cook, and could cook if I could safely use a perching stool, I am unable to utilise this aid. Given that I need to sit down for 5 mins after a minute of standing in one place, it makes attempting to cook pretty nigh on imposible. I could manage to stick a ready meal in a microvave, then sit down till the timer goes off, then quickly serve it onto a plate, but thats it. As a consequence my son has been doing the cooking for years.

The assesor has noted that I "have dificulties standing for long and bending which is consitent with my back problems." The assesor knows I cannot use a perching stool but fails to mention that in this section of the report. The assesor suggested 2 points and that I would be fine with an aid, because I have no upper body problems, but fails to suggest what aid that might be.

I was hoping for 4 points for this activity rather than two. I am at a loss as to which aid the assesor is suggesting if not a perching stool. Any ideas how to proceed? Do you think it is possible for me to get 4 points if I reiterate my problems using a perching stool as above?

I also discovered today that people who use a perching stool because they have difficulty standing might no longer be able to claim that a perching stool is an aid. See (CPIP/2098/2017), and www.benefitadvice.org/benefits-news/category/appeal-hearings.

So even if I could use one I might not get points for it. :S

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5 years 8 months ago #215174 by Gordon
Gnut

Based on your post I think there is a danger of your splitting your argument and ending up no better than you are.

I'm aware of the Case Law you reference in your post, my personal opinion is that it presents a simplistic view of cooking perhaps by someone who does cook but my thoughts don't matter,

I think you have misread the Decision or missed an important part. So the Judge says

"unless a claimant is unable to stand safely for more than a few minutes, he is unlikely reasonably to require a perching stool"

The key point is more than a few minutes, in fact four minutes is also mentioned, this is longer than the period that you mention in your post, so the perching stool would still be applicable.

However the stool still being applicable defeats your argument that you need the "assistance" to score the four points you hope for.


SO I think you need to revise your approach to this activity if you are to score higher and look at how you can explain the assistance that you need, I'm assuming t's not supervision that you are looking for as you mention no problems in this area,


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 7 months ago #217023 by Gnut
Thanks Gordon, Wow that took some getting my head around, but I think I got there in the end

Anyhow, I've written up my letter asking for a mandatory reconsideration and posted it today, so now I just have to cross my fingers and wait.

I have a few other questions regarding pip payments.

1) Once they receive my letter, will my payments stop until they make their new decision?
2) If I'm not happy with the reconsideration and decide to appeal, do they continue to pay you until the appeal is heard.
3) If yes, which award continues to be paid? The original award or the one after the reconsideration?
4) If no, (then assuming you get some kind of award at appeal) are the payments then backdated to the date your original award started?

Thanks for all your help thus far.

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5 years 7 months ago #217031 by Gordon
Gnut

If you have an award of PIP then it will continue in payment throughout any MR and appeal. If the award is revised at the MR but you still go onto to appeal, then it will be the award made at the MR that is paid.

If you receive a higher award then it will be backdated to the date of the Decision you requested the MR/appeal against.

Gordon

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

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5 years 6 months ago #218222 by Gnut
Good News. Got the result of my mandatory reconsideration.
I went from 8 points for Daily Living to 9 points, but most importantly I went from 4 points for moving around to 12! So I am one happy old bunny. :woohoo:

One quick question though. This was a DLA to PIP transfer made after I reached pension age (I am 65 now). I was awarded this until 2023 when I will be 70. When that time comes around will I still be able to claim for moving around like I was this time because of the transitional rules?

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5 years 6 months ago - 5 years 6 months ago #218250 by Gordon
Gnut

That really is good news, well done.

Yes, as you have an award of PIP Mobility now then you can continue to receive one providing you still meet the criteria at the time.

Gordon

tags: @RESULT @PIP @MR

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 6 months ago by Gordon.
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