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Need for, or actual provision of help? QuIck reply appreciated.
- Gascar
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1 year 8 months ago #279524 by Gascar
Need for, or actual provision of help? QuIck reply appreciated. was created by Gascar
Simple, I think. Maybe not!
I have been told in response to a mandatory reassessment,
" Under PIP rules to need assistance, another person must be present to help you complete the activity including doing some but not all of the activity. To need prompting another person would be required to remind or encourage you to complete a task, to explain it to you but not physically help you."
They are saying, amongst other things, that my need for prompting to take meds fails
How in earth can they arrive at that decision?
I (a tad facetious here) have no understanding of how I would possibly be prompted other than by another person. The Other Person is therefore a necessary part of the reasonable understanding of prompting. The prompting IS happening!
WIthout it I often forget to take pills.
Surely the CLAIM succeeds if the NEED is there, whether the need is satisfied by someone else, or not?
--
They have made so many errors like this and others, I feel compelled to write to my (Liberal, SIr Ed Davey,) MP who will no doubt revel in his ability to hassle the minister for W & P.
My reply to the PIP folk will be several pages. Sigh.
I have been told in response to a mandatory reassessment,
" Under PIP rules to need assistance, another person must be present to help you complete the activity including doing some but not all of the activity. To need prompting another person would be required to remind or encourage you to complete a task, to explain it to you but not physically help you."
They are saying, amongst other things, that my need for prompting to take meds fails
How in earth can they arrive at that decision?
I (a tad facetious here) have no understanding of how I would possibly be prompted other than by another person. The Other Person is therefore a necessary part of the reasonable understanding of prompting. The prompting IS happening!
WIthout it I often forget to take pills.
Surely the CLAIM succeeds if the NEED is there, whether the need is satisfied by someone else, or not?
--
They have made so many errors like this and others, I feel compelled to write to my (Liberal, SIr Ed Davey,) MP who will no doubt revel in his ability to hassle the minister for W & P.
My reply to the PIP folk will be several pages. Sigh.
The following user(s) said Thank You: denby
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- BIS
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1 year 8 months ago #279527 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Need for, or actual provision of help? QuIck reply appreciated.
Hi Gascar
I can't actually tell you why they say you fail to meet this criteria because I'm not an assessor, and I don't know what you actually wrote on your form or said at an assessment.
However, I agree with you that a need can exist regardless of whether someone has someone to support that need. So in the example you gave, if a person requires prompting to take their medication and yet they don't have that help, they would have to explain how often this happens and provide examples of what has happened when they have forgotten to take it.
If the claimant is being prompted, then a letter from the person who does the prompting should be enough to prove the point. The DWP also want a reason for why the person needs prompting eg depression, lack of motivation, cognitive disonance (brain fog) physical problems associated with taking medicine etc.
Remember they are only offering their 'opinion' and you're right to challenge the areas where you think they got it wrong.
BIS
I can't actually tell you why they say you fail to meet this criteria because I'm not an assessor, and I don't know what you actually wrote on your form or said at an assessment.
However, I agree with you that a need can exist regardless of whether someone has someone to support that need. So in the example you gave, if a person requires prompting to take their medication and yet they don't have that help, they would have to explain how often this happens and provide examples of what has happened when they have forgotten to take it.
If the claimant is being prompted, then a letter from the person who does the prompting should be enough to prove the point. The DWP also want a reason for why the person needs prompting eg depression, lack of motivation, cognitive disonance (brain fog) physical problems associated with taking medicine etc.
Remember they are only offering their 'opinion' and you're right to challenge the areas where you think they got it wrong.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gascar
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1 year 8 months ago #279543 by Gascar
Replied by Gascar on topic Need for, or actual provision of help? QuIck reply appreciated.
Thanks. The nub, I think, is that the NEED if extablished, is all that is requitred to satisfy the requirement to getthe points, yes?
Whether the assistance is supplied or not. I think that's cast iron, isn't it?
The part I quoted from the letter ( which wasn't referring to any particular section) looks to be fabricated by the author of the letter. What PIP rule?
I think a lawyer would tear that sentence to shreds as a rebuttal of the claim. Of course another person has to do the prompting if prompting is needed.
Seethe, fume...!
Whether the assistance is supplied or not. I think that's cast iron, isn't it?
The part I quoted from the letter ( which wasn't referring to any particular section) looks to be fabricated by the author of the letter. What PIP rule?
I think a lawyer would tear that sentence to shreds as a rebuttal of the claim. Of course another person has to do the prompting if prompting is needed.
Seethe, fume...!
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1 year 8 months ago #279547 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Need for, or actual provision of help? QuIck reply appreciated.
Hi Gascar
If a need for help is established, but a person doesn't currently get help - that shouldn't stop them fro scoring points.
BIS
If a need for help is established, but a person doesn't currently get help - that shouldn't stop them fro scoring points.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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