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Advice needed for pip tribunal
- Flossie1971
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5 years 8 months ago #216724 by Flossie1971
Advice needed for pip tribunal was created by Flossie1971
Hi there. I was wondering if anyone could advise me on how I could state my case for scoring 4 points for needing prompting to take nutrition? The DM scored me 0 and quotes an upper tribunal decision by Judge Wright which basically says that 'taking nutrition' is the act of eating and drinking and the physical and mental actions that are needed to carry them out which is at issue here rather than the word 'nutrition' which, in his opinion, ceases to have any real meaning. I have argued that I need prompting to take nutrition as even though I eat (and I have no problem conveying it from the plate to my mouth or cutting it up) it has very little nutritional value as I either binge on junk food out of the cupboard when I get stressed or I am too preoccupied with rituals to have a proper meal (I have an eating disorder and OCD). Consequently my husband has to encourage me to try to eat a more balanced diet. What I'd like to know is whether this decision by Judge Wright set in set stone? It's just I've seen another interpretation of taking nutrition by a Judge Mark who states 'that living on soup and coffee, even with the occasional sandwich, cannot be seen as taking nutrition to an acceptable standard'. By my way of thinking he's suggesting that the word 'nutrition' is important (it's funny that the DM doesn't quote anything by him). Shall I mention this Judge Mark guy's take on things at the tribunal? Or do I just explain my difficulties and hope the judge on the day thinks along the same lines as him rather than the Judge Wright person? Any help would be much appreciated.
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- Gordon
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5 years 8 months ago #216731 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Advice needed for pip tribunal
Flossie
Judge Wright's decision is currently the leading Decision on Taking Nutrition, Judge Marks' Decision is seen as inferior as the issue of taking nutrition to an acceptable standard was not key to the actual UTT Decision.
I would have a look at whether you could also make your arguments in regard to Preparing Food, the meal that is being cooked must be made with fresh ingredients and these should be nutritionally appropriate.
So you could argue the junk food for Preparing food and your rituals for the prompting to Take Nutrition.
You can argue the Judge Marks Decision is applicable to your claim and a Tribunal panel may agree with you but you do risk the DWP challenging any Decision based on this.
Gordon
Judge Wright's decision is currently the leading Decision on Taking Nutrition, Judge Marks' Decision is seen as inferior as the issue of taking nutrition to an acceptable standard was not key to the actual UTT Decision.
I would have a look at whether you could also make your arguments in regard to Preparing Food, the meal that is being cooked must be made with fresh ingredients and these should be nutritionally appropriate.
So you could argue the junk food for Preparing food and your rituals for the prompting to Take Nutrition.
You can argue the Judge Marks Decision is applicable to your claim and a Tribunal panel may agree with you but you do risk the DWP challenging any Decision based on this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- keeptrying
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5 years 8 months ago #216733 by keeptrying
Replied by keeptrying on topic Advice needed for pip tribunal
I would also argue - (although it is my opinion not judge ruling) that the word NUTRITION is different from food
they could have said Taking Food
but they didn't, and the definition of nutrition is food required for health and growth
I know for sure that my own binge ed does not not provide health or growth (apart from making me bigger!!)
but I also agree with Gordon's suggestions - he knows far more about this than me
they could have said Taking Food
but they didn't, and the definition of nutrition is food required for health and growth
I know for sure that my own binge ed does not not provide health or growth (apart from making me bigger!!)
but I also agree with Gordon's suggestions - he knows far more about this than me
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