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Error in law

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7 years 11 months ago #158980 by Gordon
Replied by Gordon on topic Error in law

julesbal wrote: Hi, just back from Tribunal, bro got 10pts care and 8pts mobility so standard for both. Still got only 2 points for aids to make a meal even though he'd need 4 different aids! When does that become unreasonable? :unsure:

Giving him some time for it to sink in and see whether he wants to go to UTT. I think he's got a good chance but it's his decision.

Thanks very much for all the help and support I've received on here, it's been a godsend. :ohmy:


I guess congratulations are in order :)

He can only appeal further on an Error of Law , not because he disagrees with the Decision, the first stage to this would be for him to request a Statement of Reasons .


Gordon

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7 years 11 months ago #158987 by jayjaybal
Replied by jayjaybal on topic Error in law
Thanks Gordon. :)

If he's happy then I'll leave him to it but I do think I could persuade them that he should have more. He brought up things with them today that he hadn't told me and that they haven't acted on and other things that they have.

I will leave him to it! I will leave him to it! I will leave him to it? :D

No, in all seriousness, it's down to him now. At least he's getting something. He head to push me out of the room because I wanted to discuss their decisions! :blink: :evil: :woohoo: :laugh:

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7 years 11 months ago #159045 by jayjaybal
Replied by jayjaybal on topic Error in law
Good Morning one and all! :)

I'm hoping this is just a quick one. :cheer:

At the Tribunal yesterday my bro was awarded 2 points because he needs an aid to prepare a simple meal. Their position is that he can use a peeling machine and then a food processor to chop veg, a stirrer for the pan and a stool to sit at the stove.

They've acknowledged he has a problem with his dexterity so is it 'reasonable' to expect him to use these machines, especially the food processor which is complicated to put together with connecting bits that have to be slotted together just right?

Also is washing the aids included? Running a paring knife under the tap is a simple process, stripping down and washing a food processor is a pain of a job at the best of times.

If washing the aids is not included in the process then it can only be used once or twice before the possibility of food poisoning could arise. I know I'm pushing this to the nth but I feel it needs doing!

They have also awarded him 2 points for needing prompting to interact with people but nothing for Planning and following journeys where descriptor b needs prompting could apply?

Thanks peeps. :kiss:

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7 years 11 months ago #159076 by Gordon
Replied by Gordon on topic Error in law
julesbal

You can't do anything unless a Statement of Reasons is requested, however, the DWP will also receive a copy of this allowing them challenge the current award if they felt that there had been an Error, so your brother should think carefully about doing this.

The issues you raise could be an Error but you will not know until you see the SoR, for example, you may not agree with their conclusions but providing they have properly explored the issues then it would not be considered an Error.

Gordon

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7 years 11 months ago #159083 by jayjaybal
Replied by jayjaybal on topic Error in law
Thanks Gordon. :kiss:

It seems to me they've just transferred his problems with peeling and chopping to problems with using aids! I will let the dust settle and give him chance to consider his options before I ask him for his final decision on what he wants to do. I will mention that the SAR also goes to DWP too, thanks for reminding me of that.

I forgot to mention that the Tribunal was much less stressful than the previous 2 I've attended. The only issue was time really. We went in 45mins late and because of the problems brother has expressing himself we were in there an hour. The judge started to get a bit irritated because the longer it went on the slower his thinking got but they did keep on asking questions so he did his best to answer them. I've a feeling my question to you will be covered on the SAR because the judge shut me down when I tried to bring it up so he knew I thought it was an issue.

We both slept for about 3 1/2 hours after we got back, we both have stinking headaches today and I'm having a colitis/fibro flare but my OCD is still on overdrive! I was up at 4am panicking and I can not distract my thoughts though I've tried all my usual diversion tactics. I won't be half as stressed when my own transfer from DLA to PIP comes around I'm sure. :laugh:

Thanks again. B)

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7 years 11 months ago #159093 by slugsta
Replied by slugsta on topic Error in law
I am sorry you are going through such a stressful time. It is often harder to see someone else suffer than to go through it ourselves.

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