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Error in law
8 years 1 month ago #155128 by jayjaybal
Replied by jayjaybal on topic Error in law
Contacted the Tribunal service today who have still not received a response from DWP. Apparently a reminder notice and a 2 week extension have been sent out so I'm still waiting to hear what will happen. 
If they still don't respond the judge will take that into account apparently. Even they were a little bit 'just wait and see woman, stop moidering us'! 
DWP have no record of anything being done on file but that doesn't surprise me and I won't take it as gospel.
I get so annoyed that the process is skewed in their favour. We don't get an automatic 2 week extension do we? May need a letter to MP to get it off my chest when we're sorted. At least I'm going to get a proper break from it too! Always a bonus.
(Sits here tapping the table with a pen 
)
If they still don't respond the judge will take that into account apparently. Even they were a little bit 'just wait and see woman, stop moidering us'! DWP have no record of anything being done on file but that doesn't surprise me and I won't take it as gospel.
I get so annoyed that the process is skewed in their favour. We don't get an automatic 2 week extension do we? May need a letter to MP to get it off my chest when we're sorted. At least I'm going to get a proper break from it too! Always a bonus.
(Sits here tapping the table with a pen ) Please Log in or Create an account to join the conversation.
8 years 3 weeks ago #155855 by jayjaybal
Replied by jayjaybal on topic Error in law
Surprise surprise, DWP have totally ignored all the points I made about his illness and how it affects him and parroted exactly the same rubbish from the forms they've already sent. 
Can anyone tell me if side effects of medication can be considered when deciding whether we qualify for benefit?
Cheers.
Can anyone tell me if side effects of medication can be considered when deciding whether we qualify for benefit?
Cheers.
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8 years 3 weeks ago #155868 by Gordon
I assume that you have received the DWP's submission, this would be the same as the MR so you should not be surprised.
Yes, the effects of medication can be taken into account, the effects must be consistent with the medication and you would need to show that the medication was required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Error in law
julesbal wrote: Surprise surprise, DWP have totally ignored all the points I made about his illness and how it affects him and parroted exactly the same rubbish from the forms they've already sent.
Can anyone tell me if side effects of medication can be considered when deciding whether we qualify for benefit?
Cheers.
I assume that you have received the DWP's submission, this would be the same as the MR so you should not be surprised.
Yes, the effects of medication can be taken into account, the effects must be consistent with the medication and you would need to show that the medication was required.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
8 years 3 weeks ago #155902 by jayjaybal
Replied by jayjaybal on topic Error in law
Thanks Gordon thats really helpful.
In the appeal submission I explained that Stuart has problems with thin skin and delayed wound healing in his legs. I got him some sheepskin ankle boots in the vain hope that they may help because they are cushioning and very soft (being sheepskin. ) The sheepskin tore some skin off both his ankles which was very painful and took 6 weeks and 2 lots of antibiotics to heal.
He always has scratches and knocks that take weeks to heal, he had some when he went for the assessment but despite them being painful and causing extra swelling in his legs which make it more difficult for him to walk, this is 'not covered by the assessment criteria and can't be considered when deciding eligibility for benefit including side effects of medication.'
In the appeal submission I explained that Stuart has problems with thin skin and delayed wound healing in his legs. I got him some sheepskin ankle boots in the vain hope that they may help because they are cushioning and very soft (being sheepskin.
) The sheepskin tore some skin off both his ankles which was very painful and took 6 weeks and 2 lots of antibiotics to heal.He always has scratches and knocks that take weeks to heal, he had some when he went for the assessment but despite them being painful and causing extra swelling in his legs which make it more difficult for him to walk, this is 'not covered by the assessment criteria and can't be considered when deciding eligibility for benefit including side effects of medication.'
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8 years 3 weeks ago - 8 years 3 weeks ago #155923 by Gordon
All of the PIP activities must be performed "safely"; in a fashion that is "unlikely to cause harm to themselves or to another person", I would have thought that injuries that required treatment with antibiotics that are a direct result of his walking, would fall into this category.
Of course, this needs to be shown in the context of the distances used in the Moving Around activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Error in law
julesbal wrote: Thanks Gordon thats really helpful.
In the appeal submission I explained that Stuart has problems with thin skin and delayed wound healing in his legs. I got him some sheepskin ankle boots in the vain hope that they may help because they are cushioning and very soft (being sheepskin.
He always has scratches and knocks that take weeks to heal, he had some when he went for the assessment but despite them being painful and causing extra swelling in his legs which make it more difficult for him to walk, this is 'not covered by the assessment criteria and can't be considered when deciding eligibility for benefit including side effects of medication.'
All of the PIP activities must be performed "safely"; in a fashion that is "unlikely to cause harm to themselves or to another person", I would have thought that injuries that required treatment with antibiotics that are a direct result of his walking, would fall into this category.
Of course, this needs to be shown in the context of the distances used in the Moving Around activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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