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- Awarded lower rates, job used to justify most reasons. Appeal thoughts.
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Awarded lower rates, job used to justify most reasons. Appeal thoughts.
- ElGordo
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2 years 4 months ago #273506 by ElGordo
Awarded lower rates, job used to justify most reasons. Appeal thoughts. was created by ElGordo
Today I finally received my award letter, which provides and justifications behind and rewarding the lower rate on both elements.
A significant area to me which has proven frustrating is that because my job requires quite a high level of functional ability with very high stakes (public safety), it has been determined that I can therefore do pretty much everything on the mobility side other than physically walking very far. It takes no account of the fact my job then leaves me in so much physical pain, and and the accompanying mental health impacts, that I am frequently unable to go anywhere and do anything on my days off and in private time, that I mostly avoid visiting family, and that I struggle to do a lot of my domestic tasks. Because I put everything possible that I've got to give on the table to go to work, that's the reason I must therefore by fine and dandy the rest of the time. The fact I drive a manual is also used despite the fact it leaves me in agony, sometimes in tears, and I only use it because I can't afford to change it. It's there and so therefore I must be able to do many other things.
The personal care stuff should be easier to argue up. I've stated I can't do parts of my own lymphoedema massage and skin graft maintenance because it makes me want to vomit, but because my doctor didn't prescribe my wife to help and I don't use community mental health facilities, it isn't being used to count. The slips and falls in the shower aren't mentioned and apparently I just need an aid or device to shower or bathe. So again I'll be confident of pushing up on that side.
But as for work, and mobility, what thoughts do people have?
A significant area to me which has proven frustrating is that because my job requires quite a high level of functional ability with very high stakes (public safety), it has been determined that I can therefore do pretty much everything on the mobility side other than physically walking very far. It takes no account of the fact my job then leaves me in so much physical pain, and and the accompanying mental health impacts, that I am frequently unable to go anywhere and do anything on my days off and in private time, that I mostly avoid visiting family, and that I struggle to do a lot of my domestic tasks. Because I put everything possible that I've got to give on the table to go to work, that's the reason I must therefore by fine and dandy the rest of the time. The fact I drive a manual is also used despite the fact it leaves me in agony, sometimes in tears, and I only use it because I can't afford to change it. It's there and so therefore I must be able to do many other things.
The personal care stuff should be easier to argue up. I've stated I can't do parts of my own lymphoedema massage and skin graft maintenance because it makes me want to vomit, but because my doctor didn't prescribe my wife to help and I don't use community mental health facilities, it isn't being used to count. The slips and falls in the shower aren't mentioned and apparently I just need an aid or device to shower or bathe. So again I'll be confident of pushing up on that side.
But as for work, and mobility, what thoughts do people have?
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- Gary
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2 years 4 months ago #273525 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Awarded lower rates, job used to justify most reasons. Appeal thoughts.
Hi ElGordo
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
LL26 did a very good post a while ago on PIP and driving which I pinned to the start of the forum
www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum
LL26 did a very good post a while ago on PIP and driving which I pinned to the start of the forum
www.benefitsandwork.co.uk/kunena/10-dla-...8543-pip-and-driving
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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2 years 4 months ago #273554 by denby
Replied by denby on topic Awarded lower rates, job used to justify most reasons. Appeal thoughts.
Hi ElGordo,
Did your wife write about the care tasks she has to do for you? This evidence could be worth adding.
Best wishes,
Denby
Did your wife write about the care tasks she has to do for you? This evidence could be worth adding.
Best wishes,
Denby
The following user(s) said Thank You: Gary
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- LL26
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2 years 4 months ago #273570 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Awarded lower rates, job used to justify most reasons. Appeal thoughts.
Hi ElGordo,
PIP can be awarded whether or nor you work and is not means tested. Should someone who is disabled be forced to claim sickness benefits because that is the only way to achieve extra money for their disabilities? - Of course not! That is discriminatory, and let's face it, if you work, you might claim PIP but you will doubtless pay tax and don't have to claim all manner of other benefits thus actually saving DWP money! So you have a right to work, and for many people who are disabled provides motivation self esteem etc as well contributing to the economy.
There have been several cases about the 'normality principle' for disabled people. Here's Why an example- should you be required by to wear loose baggy possibly unattractive clothes on the basis it avoids xcoring you PIP points for not being able to fasten buttons or pull clothes overhead? What if everyone wears a suit and tie in the office, or at college or even as a patient at the GP. Why can't you dress smart and be like the others? It is not unreasonable for you to want to do this. It is a normal thing! By suggesting you can't get PIP points for needing help just because you can wear baggy clothes is basically removing your right to be normal. Providing it isn't unreasonable a disabled person should be able to do everything that non disabled people ordinarily might wish to do. Working is another such thing.
However, inevitably, if you go to work, you will become tired, you not have the energy to eg cook a mel from scratch, dress yourself, communicate etc to the appropriate standard as required by PIP. Does it take you twice as long, does tiredness, breathlessness occur, does your hand tremble and make you drop a knife or cup giving rise to potential injury meaning that you can't do things safely or to an acceptable standard?
If you fail to be safe, timely, acceptable standard then you should score points as appropriate.
PIP regulations require you to be able to complete PIP tasks meeting those 3 criteria across the whole day as reasonably often as required. If pain or fatigue etc prevents that occurring then under the principle of normality argue you have the right to work and as a result you can not complete PIP tasks to the required level.
Also consider whether reasonable adjustments are made at work? Do you have extra big print to read, special keyboard, easy access room, less hours, longer breaks, canteen meals allowed to larrivecafter rush hour etc Even if not directly linked to PIP tasks any such adjustments will indicate your disability and shoukd be explained as your work is made more easy by the adjustments. What would happen if there were no such adjustments could you still work the same way and to same extent?
Maybe colleagues help you by carrying things, walking to your office for meetings rather going to them. The help might be quite subtle, have a think.
I hope this helps.
LL26
PIP can be awarded whether or nor you work and is not means tested. Should someone who is disabled be forced to claim sickness benefits because that is the only way to achieve extra money for their disabilities? - Of course not! That is discriminatory, and let's face it, if you work, you might claim PIP but you will doubtless pay tax and don't have to claim all manner of other benefits thus actually saving DWP money! So you have a right to work, and for many people who are disabled provides motivation self esteem etc as well contributing to the economy.
There have been several cases about the 'normality principle' for disabled people. Here's Why an example- should you be required by to wear loose baggy possibly unattractive clothes on the basis it avoids xcoring you PIP points for not being able to fasten buttons or pull clothes overhead? What if everyone wears a suit and tie in the office, or at college or even as a patient at the GP. Why can't you dress smart and be like the others? It is not unreasonable for you to want to do this. It is a normal thing! By suggesting you can't get PIP points for needing help just because you can wear baggy clothes is basically removing your right to be normal. Providing it isn't unreasonable a disabled person should be able to do everything that non disabled people ordinarily might wish to do. Working is another such thing.
However, inevitably, if you go to work, you will become tired, you not have the energy to eg cook a mel from scratch, dress yourself, communicate etc to the appropriate standard as required by PIP. Does it take you twice as long, does tiredness, breathlessness occur, does your hand tremble and make you drop a knife or cup giving rise to potential injury meaning that you can't do things safely or to an acceptable standard?
If you fail to be safe, timely, acceptable standard then you should score points as appropriate.
PIP regulations require you to be able to complete PIP tasks meeting those 3 criteria across the whole day as reasonably often as required. If pain or fatigue etc prevents that occurring then under the principle of normality argue you have the right to work and as a result you can not complete PIP tasks to the required level.
Also consider whether reasonable adjustments are made at work? Do you have extra big print to read, special keyboard, easy access room, less hours, longer breaks, canteen meals allowed to larrivecafter rush hour etc Even if not directly linked to PIP tasks any such adjustments will indicate your disability and shoukd be explained as your work is made more easy by the adjustments. What would happen if there were no such adjustments could you still work the same way and to same extent?
Maybe colleagues help you by carrying things, walking to your office for meetings rather going to them. The help might be quite subtle, have a think.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, SUE C C, ElGordo
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