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PIP MR Almost out of time
- Perdita
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1 year 11 months ago #277204 by Perdita
PIP MR Almost out of time was created by Perdita
Firstly I tried to post the following question before but a 'flood alert' warning came up. I assume that meant too many people were posting at the same time and that the system could not take it? Anyway, I don't know if my question successfully posted. So I hope it is okay to try asking again.
Essentially, I know I need hearing aids but face to face engagement issues have prevented me from having a hearing test - hence no hard of hearing evidence. I wrote about this and how I need speaker phone to hear phone etc on my Review form. Now at MR stage, I am disputing face to face engagement/mixing with others, and preparing food scores. Not sure about the other activities - deadline almost here.
1) I find it hard to believe there is any point in challenging the communication verbally zero points saying I should score 2 points for needing hearing aids when I have no hearing test evidence? Would you agree?
2)Also if I cannot engage face to face with people due to opd, does that contribute to the communication verbally points, or is that totally irrelevant to communication verbally regarding scoring points?
3)Finally, the reading activity - I need glasses/contacts but cannot wear/use these for reading for MH reasons. Last eye test over decade ago so no evidence. I use magnifying glass. Is it impossible to get points for using an aid in this situation?
Essentially, I know I need hearing aids but face to face engagement issues have prevented me from having a hearing test - hence no hard of hearing evidence. I wrote about this and how I need speaker phone to hear phone etc on my Review form. Now at MR stage, I am disputing face to face engagement/mixing with others, and preparing food scores. Not sure about the other activities - deadline almost here.
1) I find it hard to believe there is any point in challenging the communication verbally zero points saying I should score 2 points for needing hearing aids when I have no hearing test evidence? Would you agree?
2)Also if I cannot engage face to face with people due to opd, does that contribute to the communication verbally points, or is that totally irrelevant to communication verbally regarding scoring points?
3)Finally, the reading activity - I need glasses/contacts but cannot wear/use these for reading for MH reasons. Last eye test over decade ago so no evidence. I use magnifying glass. Is it impossible to get points for using an aid in this situation?
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1 year 11 months ago #277205 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic PIP MR Almost out of time
Hi Perdita
In answer to your following questions:
1) I find it hard to believe there is any point in challenging the communication verbally zero points saying I should score 2 points for needing hearing aids when I have no hearing test evidence? Would you agree? You can always challange a decision, the problem you have, is that you have no evidence to show that you have hearing difficulties.
2) Also if I cannot engage face to face with people due to opd, does that contribute to the communication verbally points, or is that totally irrelevant to communication verbally regarding scoring points? When you say that you suffer from OPD, do you have any supporting documents from a psychiatrist, if you do not then how do you know that you have OPD?
3) Finally, the reading activity - I need glasses/contacts but cannot wear/use these for reading for MH reasons. Last eye test over decade ago so no evidence. I use magnifying glass. Is it impossible to get points for using an aid in this situation?It is not impossible to get points for using a magnifying glass, I was at a tribunal last week and we were awarded points for using a magnifying glass, the client had macular degeneration. You need to explain as to why you cannot wear them for mental reasons.
In your post you state that your have MH reasons and suffer from OPD, if you have a psychiatrist or a CPN then ask them for a supporting letter to help with your claim.
Gary
In answer to your following questions:
1) I find it hard to believe there is any point in challenging the communication verbally zero points saying I should score 2 points for needing hearing aids when I have no hearing test evidence? Would you agree? You can always challange a decision, the problem you have, is that you have no evidence to show that you have hearing difficulties.
2) Also if I cannot engage face to face with people due to opd, does that contribute to the communication verbally points, or is that totally irrelevant to communication verbally regarding scoring points? When you say that you suffer from OPD, do you have any supporting documents from a psychiatrist, if you do not then how do you know that you have OPD?
3) Finally, the reading activity - I need glasses/contacts but cannot wear/use these for reading for MH reasons. Last eye test over decade ago so no evidence. I use magnifying glass. Is it impossible to get points for using an aid in this situation?It is not impossible to get points for using a magnifying glass, I was at a tribunal last week and we were awarded points for using a magnifying glass, the client had macular degeneration. You need to explain as to why you cannot wear them for mental reasons.
In your post you state that your have MH reasons and suffer from OPD, if you have a psychiatrist or a CPN then ask them for a supporting letter to help with your claim.
Gary
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1 year 11 months ago #277207 by Perdita
Replied by Perdita on topic PIP MR Almost out of time
I have evidence for opd with face to face, and am seeking 8 points for mixing with others with consultant's support for the MR. I just need to know please if this face to face engagement difficulty can be used for scoring points under communication activity as well as the mixing with others activity.
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- Gordon
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1 year 11 months ago - 1 year 11 months ago #277210 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR Almost out of time
Perdita
It is possible to score points for Communicating Verbally due to anxiety but it would have to be an extreme case for you to do so, the Case Law for this is on the following link, click on the .doc link at the bottom of the page
administrativeappeals.decisions.tribunal...px/view.aspx?id=4750
Other than that there is no link from Mixing with Others back to Communicating Verbally, there are strong links going the other way but these do not appear to apply to your situation.
Gordon
It is possible to score points for Communicating Verbally due to anxiety but it would have to be an extreme case for you to do so, the Case Law for this is on the following link, click on the .doc link at the bottom of the page
administrativeappeals.decisions.tribunal...px/view.aspx?id=4750
Other than that there is no link from Mixing with Others back to Communicating Verbally, there are strong links going the other way but these do not appear to apply to your situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 1 year 11 months ago by Gordon.
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1 year 11 months ago #277212 by Perdita
Replied by Perdita on topic PIP MR Almost out of time
Gordon - I was actually looking at that Case Law earlier! Because I cannot engage face to face at all other than with the person I live with(OPD), all my verbal communication has to be done remotely, so I was wondering if that means I cannot communicate reliably, to a reasonable standard???
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1 year 11 months ago #277213 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP MR Almost out of time
Perdita
I see two potential arguments against your case that you would need to overcome.
First and you have not commented on this, are you able to communicate with another person using Communication Support?
An example of this, if you know the reference, would be Raj in the Big Bang Theory who for many of the early series is unable to speak to women and has to use another member of the cast to pass on his comments.
Secondly, referring to the Case Law, there is one paragraph that I think undoes your argument.
"So, it seems to me an anxious claimant who, for example, is not able to communicate with strangers or persons who are not well known to him or is not able to do so when in the company of a large number of people but is able to verbally express himself or herself and understand communication with a person with whom they are familiar and comfortable would, in all probability, score points under activity 9 but not under activity 7." (para 21)
Gordon
I see two potential arguments against your case that you would need to overcome.
First and you have not commented on this, are you able to communicate with another person using Communication Support?
An example of this, if you know the reference, would be Raj in the Big Bang Theory who for many of the early series is unable to speak to women and has to use another member of the cast to pass on his comments.
Secondly, referring to the Case Law, there is one paragraph that I think undoes your argument.
"So, it seems to me an anxious claimant who, for example, is not able to communicate with strangers or persons who are not well known to him or is not able to do so when in the company of a large number of people but is able to verbally express himself or herself and understand communication with a person with whom they are familiar and comfortable would, in all probability, score points under activity 9 but not under activity 7." (para 21)
Gordon
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