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PIP decision - 7 points for Daily Living
- JJ
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1 year 8 months ago #279770 by JJ
PIP decision - 7 points for Daily Living was created by JJ
Hi Team,
My brother who is epileptic (tonic clonic seizures unpredicted but at least one per month). & other ailments has recently had a decision from a PIP Assessment which took place via telephone in February this year. Albeit they recognise that he is unable to plan & follow a journey without another person & have awarded him
12 points for this as was his previous award. Regarding Daily Living he has had 4 for cooking, 2 for bathing and only 1 for managing treatment. We did argue at the assessment that the managing medication can be complex due to his absence seizures when he is awake. I was wondering if it would be possible to argue that this can take up to 3.5 hours per week if it does not include using equipment as such. Could the simple supervision be classified as managing a therapy or treatment ? The potential danger of him not taking his medication correctly could be catastrophic, but I do not know how I can quantify this into 3.5 hours, in order to raise this part of the award to 2 points, which would qualify him for the standard daily living rate.
They have also said that the rails he uses for shower & toilet are a personal preference as he installed them himself, but we had
argued that these are essential due to problems with legs (circulation) & an arthritic condition of neck & shoulder.
I probably need to ask for a mandatory reconsideration regarding these factors, but I am afraid that I will be jeapordizing his enhanced mobility which they have now decided to extend for 10 years.
Would I be able to ask them only to look at specific descriptors again, or will I be risking losing him the award that he already has.? I hope you can help, Much appreciated.
Kind Regards
My brother who is epileptic (tonic clonic seizures unpredicted but at least one per month). & other ailments has recently had a decision from a PIP Assessment which took place via telephone in February this year. Albeit they recognise that he is unable to plan & follow a journey without another person & have awarded him
12 points for this as was his previous award. Regarding Daily Living he has had 4 for cooking, 2 for bathing and only 1 for managing treatment. We did argue at the assessment that the managing medication can be complex due to his absence seizures when he is awake. I was wondering if it would be possible to argue that this can take up to 3.5 hours per week if it does not include using equipment as such. Could the simple supervision be classified as managing a therapy or treatment ? The potential danger of him not taking his medication correctly could be catastrophic, but I do not know how I can quantify this into 3.5 hours, in order to raise this part of the award to 2 points, which would qualify him for the standard daily living rate.
They have also said that the rails he uses for shower & toilet are a personal preference as he installed them himself, but we had
argued that these are essential due to problems with legs (circulation) & an arthritic condition of neck & shoulder.
I probably need to ask for a mandatory reconsideration regarding these factors, but I am afraid that I will be jeapordizing his enhanced mobility which they have now decided to extend for 10 years.
Would I be able to ask them only to look at specific descriptors again, or will I be risking losing him the award that he already has.? I hope you can help, Much appreciated.
Kind Regards
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- LL26
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1 year 8 months ago #279771 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP decision - 7 points for Daily Living
Hi JJ,
It is definitely very frustrating to be awarded 7 points and not get the daily living award. It is certainly worthwhile seeking MR to try and get an award. If you do this, make it absolutely clear that you are only wanting a Reconsideration on the daily living award. With any MR or appeal, there is a small risk of losing the award on the other component, but then you could include this in an appeal to get it reinstated.
However, please note Descriotor 3, Therapy refers specifically to treatment confirmed by a health professional but DOES NOT include applying or administering medicine or to do with monitoring health.
'Therapy' per online dictionaries suggest treatment designed to cure or relieve a disorder. On that basis , I don't supervision will count towards the extended points available for various hours of therapy. Things that would count as 'Therapy ' would be help with dialysis machine, cpap machine, physical assistance to do physio exercises, or speech therapy exercises etc.
I would agree that a grab rail could comprise an aid in respect of toilet needs. This is also worth arguing. Maybe have another look at the members guides to see if there are any other descriptors that could apply or have more points awarded. If you have several descriptors to argue, this leaves more chance for success, rather than to instigate MR where there is only one possibility of gaining more points. That said, nothing ventured, nothing gained!
Good luck. Let us know how you get on.
LL26
It is definitely very frustrating to be awarded 7 points and not get the daily living award. It is certainly worthwhile seeking MR to try and get an award. If you do this, make it absolutely clear that you are only wanting a Reconsideration on the daily living award. With any MR or appeal, there is a small risk of losing the award on the other component, but then you could include this in an appeal to get it reinstated.
However, please note Descriotor 3, Therapy refers specifically to treatment confirmed by a health professional but DOES NOT include applying or administering medicine or to do with monitoring health.
'Therapy' per online dictionaries suggest treatment designed to cure or relieve a disorder. On that basis , I don't supervision will count towards the extended points available for various hours of therapy. Things that would count as 'Therapy ' would be help with dialysis machine, cpap machine, physical assistance to do physio exercises, or speech therapy exercises etc.
I would agree that a grab rail could comprise an aid in respect of toilet needs. This is also worth arguing. Maybe have another look at the members guides to see if there are any other descriptors that could apply or have more points awarded. If you have several descriptors to argue, this leaves more chance for success, rather than to instigate MR where there is only one possibility of gaining more points. That said, nothing ventured, nothing gained!
Good luck. Let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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