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Am I being reasonable - ref falling, getting t'loo, washing?

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1 year 9 months ago #278720 by Gascar
I have been awarded the lower payments in both General Living and Mobility.
A few things on the assessment form are wrong – the opposite of what I said, in places.
I have triggered a Mandatory Review by phoning them. The call handler was rather curt so I think it would be best if I can nail my GP down to a letter on what I can’t do, and send the assessors that, in the months of waiting they promised.
I got 2pts each for dressing, washing, preparing food and using the loo. (8) each for “needing an appliance”, except additional not using the oven cos I burn myself;
and 10pts for mobility 20 but not 50m.

Me, and my whingelist of ailments:
I am obese (BMI 41) have arthritis and Peripheral Neuropathy. Plus lots of undiagnosed joint/muscle pain, tiredness etc.
PN means that everything, particularly arms and legs and more particularly feet and hands, hurt a lot and can go numb – to the extent that I can’t feel the floor with a foot. There’s a permanent background level but if I stay still a long time or do too much, it gets worse.

Q1 Washing. I told them I can’t use a bath/shower (I have fallen) but they recorded that I could do so..
I can’t wash my feet and a bit above, or lower legs, ever. Or cut my toenails!
Condition 4 of the requirements is ambiguous - it says “all of the body” when it should be “any of the body” I think. I sure can’t wash all of my body.
I also can’t wash at all until pills have kicked in – tramadol/codeine, so it’s not “when I want to “.
I think that counts? Did I see a reference somewhere?

Q2) The loo. Impossible at night – I can’t get off the bed for a long time, so it’s towels & a bottle. Very unstable in the darkish – no visual feedback - so I wouldn’t try to use a commode etc.
Not exactly incontinence. I got 2 points, for “needing an appliance”. Should that be more than 2? Perhaps not.

Q3) Mobility
I go at 1mph with a 4-footed stick or a zimmer.
I did write that I could get 20m but not 50m, but I think I was being overoptimistic – I hadn’t read how you need to be able to do it reliably, safely when you want, repeatedly, etc.
I told them I fall over frequently but they stated that no “Falls clinic” reports were included. I’ve never heard of those. So I guess they didn’t believe me?
I’ve got out of the car and gone down, about 3 times including today. First steps after standing are insecure, then feet tend to come round, but after a few metres everything gets to be just painful pins and needles so I'm 'precarious'. I occasionally try to and do get further than 20m but it’s too far, really. Ice cream has to be involved.
I think caselaw CPIP_2377_15 is on my side, here.

Sorry to be such a rambling moany old(66) git.

Am I missing anything?

Oh, I do have a bleeding disorder (V.W.)whereby small things go on forever, and lower leg oedema leading to blisters I can't reach so blood soaks into my socks, which I also told them about but it doesn't actually alter anything. Except for occasional vasculitis = red legs.
Maybe a couple of points?
I see gall stones and kidney stones are on the list too, tick & tick, but so what?
I've been advised to get their longer report, thanks - not done yet.

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1 year 9 months ago #278733 by BIS
Hi Gascar

Q1 - You can certainly try and argue for more points. Link it to your condition/s. You don't shower or bath - repeat the issues you have and make sure they realise this is not through choice. If you need supervision but don't have it, say so and emphasise the pain and exhaustion you experience. Look at the examples of page 49 of the guide to PIP claims and reviews.
benefitsandwork.co.uk/guides-for-claimants/pip

Q2 - If you would need help during the night, but don't have it, you could try and argue for that. Have a look at page 53 and 54

Q3- You already know how you are going to argue the mobility issues. Link to your condition/s and talk about the safety and reliability, your falls, how often you have to stop and the pain and any breathlessness you experience.

BIS

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

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1 year 9 months ago #278737 by Mollie
Don't forget the descriptor is Stand and Walk. If you struggle to stand describe the problems you have in detail.
The following user(s) said Thank You: Gary, Gascar

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1 year 9 months ago #278833 by Gascar
Thanks BIS and Molly.
You're right, standing and walking are aboutthe same deal - queueing for anything can be a nightmare but it's not on the list.
"Night care" is relevant

A bonkers thing is that many of us can do much of what "they" ask, albeit at some multiple of the time it used to take. By that criterion we'd "fail" a lot of things.

Does this ring any bells?:
Under "can you do it when you want to?".
I think I saw Something Somewhere about normally desired time of washing - just after one gets up.
The appellant took pills(like me, Tramadol) at the earliest opportunity to reduce pain - arthritis or similar. So the claim was based on his not being able to undertake the activity at a normal time .
I think there was a tribunal settlement in his favour.

I'm looking for "case law"?

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1 year 9 months ago #278861 by BIS
Hi Gascar

I'm sorry but you'll have to keep searching for case law about the time issue. I don't know of a particular case. www.disabilityrightsuk.org/how-we-can-he...s/case-law-summaries

BIS

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

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1 year 9 months ago #278890 by Gordon
Gascar

I can't find anything that fits with this although I do remember a UTT Decision where this was a factor, however, I don't think this issue was the main one and as a consequence is not listed.

Have a look at

pipinfo.net/

Gordon

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

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