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tribunal next week. Confused please help

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5 years 3 months ago #224228 by Jesscat
Hi I have been receiving enhanced PIP daily living for 4 years. 2 years ago the DWP reduduce it to standard rate, after a tribunal hearing where the DWP rep agreed with the judge saying there was more than enough evidence to support my claim and submitted the case, I was awarded the enhanced rated again. In March 2018 after a review and face to face assessment my award was once again reduced to standard. I logged a mandatory reconstruction and now have a tribunal hearing next week. My condition and abilities to carry out day to day activities has not changed but in the HP report it states I could do them with the use of aids and adapted clothing.
I am unable to lift or use my right arm, my husband has to physically hold the shoulder in the socket to prevent dislocation and raise my arm to be able to wash and dress/undress, I have looked for aids which will provide this support but can not find anything. My question is, if there is no aids on the market can this solution still be used by the HP and the tribunal? The same aplies to me being able to cut food in preparation and for cutting food on my plate. When I try to do this I do not have enough strength and the shoulder rolls out of socket, aping pressure to my left arm pulls across the back and is very very painful ( take Tramadol for pain). All my evidence shows I have no muscle in my shoulder and no strength or movement. But again the HP said I could do this with the use of an aid and again there are not any on the market that suport the shoulder, give strength and movement. Please can anyone tell me if they know of anything that would help me with these movements or tell me if I am correct in taking it to tribunal....again
Many thanks

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5 years 3 months ago #224239 by Gordon
Replied by Gordon on topic tribunal next week. Confused please help
Jesscat

No, there has to be a practical solution available, an aid that will allow you to complete the activity, they can't just say that an aid would allow you to complete it.

Gordon

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

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5 years 3 months ago #224244 by Jesscat
Replied by Jesscat on topic tribunal next week. Confused please help
Thank you, that's what I thought but was unsure if my argument would help next week. Thanks for clarifying

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5 years 3 months ago #224255 by Carper
Replied by Carper on topic tribunal next week. Confused please help
Send a letter to the Tribunal (Copy) and the DLA asking for the name and description of the aid they are suggesting.

I doubt they will appear at the Tribunal and the fact they will probably ignore your request it will go down as a win for you with the Tribunal.

Best wishes, let us know how you get on please.

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5 years 3 months ago #224276 by Jesscat
Replied by Jesscat on topic tribunal next week. Confused please help
I have already explained and asked the DWP in my mandertory reconsideration and in my appeal to let me know what aid they think will help and where I can get them from as I have looked online and been to a disability/living aid shop trying to locate something. They have never responded to that part and just keep referring to the HP report that I could perform the task.
Can you recommend anything else that may help me get this point over
This is so frustrating as this is exactly the same reasons I fort at my last tribunal 2 years ago

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5 years 3 months ago #224279 by Gordon
Replied by Gordon on topic tribunal next week. Confused please help
Jesscat

Let's assume there is some aid that would help you reliably complete an activity of the majority of days. How would it work? How would you have to use it? What difficulties would you have doing so and why?

So as an example; a long handle brush to help you wash your upper body and back; can you actually manage the range of movement to use this? Can you apply sufficient pressure to actually make the usage effective? Don't forget that they will be looking at your ability to do so with both hands, so could you use the brush with your left arm?

If the answer is no, then these are the things to include in your submission to the appeal.

Gordon

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

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