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ADP Scotland re-determination
- Pb2022
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17 hours 39 minutes ago #309423 by Pb2022
ADP Scotland re-determination was created by Pb2022
Hi, I was awarded PIP higher rate mobility and standard rate daily living in 2022. Moreover I decided to ask for a Mandatory reconsideration because I had been awarded 2 points for the task of ‘prepare a simple fresh meal’and I told them that I can’t prepare a meal at all that this is all done by my full time carer as I suffer from a rare degenerative neurological condition (hereditary spastic paraplegia)and I’am not able to walk more than a few steps without losing my balance and I don’t use a wheelchair (I broke my ankle in October 2023,that required emergency surgery for screws and a plate to be placed in my broken ankle. This fall was caused by my balance being extremely poor) after I received my mandatory consideration they had still turned me down for higher rate daily living. At this point I decided to leave it at that only because my only sibling passed away suddenly and unexpectedly, which left me in a state of shock and extremely low. The reason I was turned down was because they said that I could use a Aid/Appliace E.g perching stool. I have used perching stool in the past when I was still trying to be as independent as possible moreover this did not help because I suffer from weakness of hands,wrist,arms which makes lifting impossible I have burnt and cut myself so many times in the past due to this too. My hands shake a lot which makes me spill food and liquids all the time even when eating. My condition affects is a complex form of hereditary spastic paraplegia which does not just affect my lower limbs. When I stand or sit my legs go into uncontrollable tremors which makes sitting still impossible,they even tremor when in bed sleeping which wakes me up. This is why my carer does all the cooking for me as it’s not safe,he has witnessed it for himself in the pass when I was trying so hard to remain independent as possible. Moreover I had a review of my case in August 2025 this year it was done by the Scottish social security as my claim is now been passed over with all other claims in Scotland to them from the DWP. I thought this would be my chance to explain that I can’t cook but no they have upheld the original claim of the DWP that I can’t cook use a Aid/Appliance to prepare a simple fresh meal. Moreover they said that my statement of me not being able to move about or stand was not scope for this task (as I could use a perching stool) the problem is I now realise I maybe didn’t translate to them that I have done this in the pass and it made no difference to pain that I was experiencing and the dangers that were happening to me like cuts and burns. My care was the one life pots,pans,stirring and transferring food onto plates for me. I cannot sit still as my legs are in a violent tremors to cook or prepare food safely. Even I would need to be taken to a perching stool which is hard for me to get on and off of safely because of balance and tremors. If I fall my carer is not able to pick me up on his own. My kitchen is also not even adapted for disabled use there is no space for legs to go under the units are not waist level. The cooker is free standing.when I used a perching stool in the pass many years ago my body sitting position was twisted at the side adding to the pain that I was already experiencing. Any adaptation would make no difference to pain suffered or weakness in hands,wrist and arms or do anything for the shaking. My carer has now being doing all this for more that 6 years because of the dangers and it being impossible for me. However I have now asked again for what the Scottish social security now call a re-determination of this decision. This decision is incorrect for the level of care and support that I require. I could not have a hot meal one without my carer making it let alone at will. These tasks are physically and mentally exhausting for me,I already suffer with pain in my hips,knees,joints and extreme fatigue due to my condition. Can anyone help with any advice as how to go about this re determination process? And should I get my carer to write a supporting letter? I really don’t think the Scottish social security are caring or listening to want I’am telling them about my condition . Thanks
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15 hours 18 minutes ago #309434 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ADP Scotland re-determination
Hi Pb2022
I'm sorry you find yourself in this position. I would be making it clear in your re-determination letter that the assessor has not understood the complexity of your condition, especially as your upper limbs are affected and not as is more common - lower limbs. Even if you could sit on a perching stool, you would not be safe. How are you expected to cut up food, or carry it across the kitchen? It isn't just the spasms which are painful, and then the danger of you losing balance, and then the exhaustion, and then the pain from any falls! State it again and give examples of why you no longer do any cooking. And argue all the other difficulties you must have.
Yes, you need your carer to write a letter highlighting not only what they do for you, but what they have observed of any falls, injuries, exhaustion etc. If you have any friends or relatives who can also write letters - get them to do so.
I hope you win your argument.
BIS
I'm sorry you find yourself in this position. I would be making it clear in your re-determination letter that the assessor has not understood the complexity of your condition, especially as your upper limbs are affected and not as is more common - lower limbs. Even if you could sit on a perching stool, you would not be safe. How are you expected to cut up food, or carry it across the kitchen? It isn't just the spasms which are painful, and then the danger of you losing balance, and then the exhaustion, and then the pain from any falls! State it again and give examples of why you no longer do any cooking. And argue all the other difficulties you must have.
Yes, you need your carer to write a letter highlighting not only what they do for you, but what they have observed of any falls, injuries, exhaustion etc. If you have any friends or relatives who can also write letters - get them to do so.
I hope you win your argument.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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