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2 years 11 months ago #269193 by PamJ
Pip review was created by PamJ
Hi I have POTS and Chronic Migraine and am waiting for a CFS diagnosis. I have been receiving standard care since 2018 after failed MR and lodging an appeal that was settled pre tribunal. I have just received a review pack and have a couple of questions. Firstly I have to sit or lay down to dress due to dizziness and extreme exhaustion. I received 2 points for this previously but am I likely to lose this at review because it is my bed I sit or lay on? Should I include that I have to lay down for at least half an hour before getting dressed after a shower or that on bad migraine days I don’t manage to get dressed at all. Also I have to wear support tights to assist with circulation but some days I’m too exhausted to put them on. Would using special gloves to put them on count as an aid?

2nd question I had covid 7 weeks ago which has increased my fatigued to the point where I am not able to cook a simple any day of the week whereas previously I was managing 2-3 times a week with support. Currently I only get 2 points for this activity but since my fatigue getting worse last year I’m managing less. Do I fill in form as pre covid and put a footnote that symptoms have worsened post covid or do I fill in as I am now. I really don’t want to have to contact them in a few weeks if I improve but I don’t want to be caught out if covid comes in in future medical letter or at tribunal that I didn’t mention it in review paperwork.

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2 years 11 months ago #269201 by LL26
Replied by LL26 on topic Pip review
Hi PamJ,
I'm sorry to hear that you have caught Covid, on top of your existing illnesses. I hope that you are able to recover from that in the near future.
Descriptor points are awarded when you can't do the activity for 'over 50% of the days'. This is Reg 7 (PIP Regs. 2013) There are also aggregating provisions and a provision that if more than one descriptor in a section applies equally, then the highest value points should be awarded. This is the starting point.
Next, you will need to consider reg 4(2)A - this stipulates that all activities have to be done safely, in a reasonable time, to an acceptable standard, and repeatedly. Repeatedly means as required across the whole day. So for instance, whilst cooking is only likely to be needed say three or four times per day, toilet needs and of course communication will need to be done much more. Even if you can't do the task for part of the day , then you would not be able to do it 'repeatedly'.
Reasonable time is also important - this is deemed to be no more than twice the time for a non disabled person. So for instance if it takes you 1 hour to do something your non disabled friend does in 20 minutes, then you can't do it in a 'reasonable time' and should receive points.
Safety should also be considered. I have a lady that I advise outside the forum who has POTS. She isn't 'safe' in the kitchen. She can not lift even a small pan or move around in the kitchen. She can scarcely stand, and the steam from cooking is enough to make her feel dizzy and faint, and potentially fall over. Think about this.
You mention the Covid (who knows how long this will affect you,) - you stated that you managed 2-3 days per week cooking, with support. Hence even before you got Covid you are not able to do cooking for the majority of the days. Moreover, you say this was with support - if the help is to the extent that you are no longer the chef, but a minion in the kitchen that does very little, then you are not 'preparing the food' either. You will need to analyse what you actually do, and why you need the help. (This will apply to all descriptors, not just food.) As a side note, if you write on the form you are 'managing 2-3 times a week' that will give DWP the opportunity to say you can do this task, and they might well ignore the majority of days. (As they often do!) 'Managing' like 'coping' is very subjective, but I suspect that if you have no help, you will find a method, albeit a long winded, possibly unsafe way of doing something. If you don't do this, this you sit in the chair all day and nothing gets done! Outside of the world of PIP by all means take pride in achieving a task and defeating your disabilities, but inside the world of PIP, you need to be brutally honest and negative.
Depending on the help require, it would be better to write that 'I need assistance to prepare or cook a simple meal' or say 'I can not prepare and cook food', and then explain.
Putting on a compression stockings - if you need help with this - depending on the total help time per week should come under descriptor 3c (eg up to 3.5 hrs/week) pain is relevant to doing a task 'acceptably' - and pain is definitely relevant to the compression bandages. Exhaustion is also relevant to acceptable standard.
Please note that whilst you can 'need an aid' to manage medication, ( 3b) there is no provision to get an aid for therapy. Compression stockings are therapy not medication. (This is from caselaw.)
Unfortunately, another case said that using the bed to enable you to get dressed won't be 'an aid' the rationale is that this is something used by much of the population, because everyone has difficulty putting on trousers whist standing up. However, what is relevant is the exhaustion- this suggests not 'acceptable standard', not reasonable time, and not repeatedly.
So, to recap, I suspect that Covid has
made things more difficult, but the possibility for points was there before. Maybe add a paragraph in the additional information place that you have had Covid and everything now takes longer/is more difficult etc - these are after all the difficulties you face now. If (and hopefully it does!) Covid clears up, and you find it much easier to do things (ie better than before Covid) you can always tell DWP and get a further review. But remember, if before Covid it would take 3 times longer than normal to do something, and after Covid it takes 4 times, you won't get any more points - you still fail to meet the 'reasonable time' criteria. It's the same with pain. If before Covid you had say pain that was 8/10, now pain with Covid is 9/10, both scenarios suggest you can't do the activity to a 'acceptable standard'. If you mention too much about Covid, DWP may just assume points (because you can't do a task) derive solely from Covid, and then think it will clear up and fail to award points.
I hope this make sense.
LL26

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

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2 years 11 months ago #269206 by PamJ
Replied by PamJ on topic Pip review
Thanks so much for your reply. If under dressing I was to say that as I use my sons wetroom to shower and sit on his shower chair and dress there before standing up is that considered an aid?

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2 years 11 months ago #269221 by Gary
Replied by Gary on topic Pip review
Hi pamJ

Yes it would be classed as an aid, you need to explain why you have to use it, if you did not have the shower chair, then what would be the effect?

Gary

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