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PIP Am I right in assuming this
- HippyChick73
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8 years 4 months ago #160078 by HippyChick73
PIP Am I right in assuming this was created by HippyChick73
Hi
Just like to pick your excellent brains on here
My friend was awarded Standard rate Care On pip recently all on the use of Aids
But wasn't given any points for nutrition despite her clearly stating that She use a disabled beaker as She has severe griping problems and lack of mobility in her hands
And in her most recent ESA Assement was placed in the support group straight away and the assessor who was a physio noted that She used a disabled beaker because of her hands
She also have problems cutting up food and even though She was awarded points for using AIDS She need assistance to do them
So my question is am I right in thinking that had she been awarded the 2 points in nutrition which includes using a aid ( her disabillity beaker ) and needing assistance to cut up food ) Which the HP noted in the medical report ( she wrote that She has difficulty using a knife )
Then it would be reasonable to assume that if She need assistance to cut up food then She would need assistance to do the other activities like washing, dressing, preparing food .
Im sure that I read somewhere that it if you need to use aids for one thing then it should be presumed that you need them for the other activities
Im wondering if this is why she wasn't awarded any points in nutrition as if so it Woukd have meant a more points under assistance
Also the HP notes that she uses a commode and needs assistance to get on / off but still did not award her points for this but I believe she should have got 4 points for this under the needs assistance descriptor
The HP also only mentioned that she had a bulge in her back and not the full report from the MRI report which is a lot more. Ie several bulges root nerve compression and scoliosi
And she got 4 points
Is it worth arguing that the DWP DM was not given the full picture as the HP did not give a clear Picture of what's actually wrong and how that affect my friends ability to do stuff
Just like to pick your excellent brains on here
My friend was awarded Standard rate Care On pip recently all on the use of Aids
But wasn't given any points for nutrition despite her clearly stating that She use a disabled beaker as She has severe griping problems and lack of mobility in her hands
And in her most recent ESA Assement was placed in the support group straight away and the assessor who was a physio noted that She used a disabled beaker because of her hands
She also have problems cutting up food and even though She was awarded points for using AIDS She need assistance to do them
So my question is am I right in thinking that had she been awarded the 2 points in nutrition which includes using a aid ( her disabillity beaker ) and needing assistance to cut up food ) Which the HP noted in the medical report ( she wrote that She has difficulty using a knife )
Then it would be reasonable to assume that if She need assistance to cut up food then She would need assistance to do the other activities like washing, dressing, preparing food .
Im sure that I read somewhere that it if you need to use aids for one thing then it should be presumed that you need them for the other activities
Im wondering if this is why she wasn't awarded any points in nutrition as if so it Woukd have meant a more points under assistance
Also the HP notes that she uses a commode and needs assistance to get on / off but still did not award her points for this but I believe she should have got 4 points for this under the needs assistance descriptor
The HP also only mentioned that she had a bulge in her back and not the full report from the MRI report which is a lot more. Ie several bulges root nerve compression and scoliosi
And she got 4 points
Is it worth arguing that the DWP DM was not given the full picture as the HP did not give a clear Picture of what's actually wrong and how that affect my friends ability to do stuff
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- Gordon
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8 years 4 months ago #160101 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Am I right in assuming this
HippyChick
I want to stress that I am not making any assumptions as to the claimants capabilities of not, but have they shown that they need to use these aids?
They can only score points for the use of an aid where the activity can only be completed with it's use, they won't score points if it is simply easier for them to complete an activity with the use of an aid.
Although the use of an aid for one activity may imply a requirement for one in another activity it is not a given and will to a considerable extent depend on the nature of the limitation. For example; having to have your food cut up might imply problems with Dressing and Undressing, but they may in fact have no problems with buttons and zips ( a reasonable implication), because the issue with the food is due to pain caused by pressing a knife down and this is not experienced with clothing.
A good starting point would be for the person to go through their PIP2, the assessment report and the PIP Claim guide to see where they might explain their problems better.
Gordon
I want to stress that I am not making any assumptions as to the claimants capabilities of not, but have they shown that they need to use these aids?
They can only score points for the use of an aid where the activity can only be completed with it's use, they won't score points if it is simply easier for them to complete an activity with the use of an aid.
Although the use of an aid for one activity may imply a requirement for one in another activity it is not a given and will to a considerable extent depend on the nature of the limitation. For example; having to have your food cut up might imply problems with Dressing and Undressing, but they may in fact have no problems with buttons and zips ( a reasonable implication), because the issue with the food is due to pain caused by pressing a knife down and this is not experienced with clothing.
A good starting point would be for the person to go through their PIP2, the assessment report and the PIP Claim guide to see where they might explain their problems better.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- HippyChick73
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8 years 4 months ago #160132 by HippyChick73
Replied by HippyChick73 on topic PIP Am I right in assuming this
Hi Gordon. Thanks for replying
Yes the HP noted on the form that she uses a disability beaker. she can slide her last three fingers through the handles she can drink out of it . .She can't hold a normal cup or glass properly ( this was also noted on her Esa form) as she can't grip them
She has problems with her hands limited mobility & grip and loss of sensation in both but worse in the left hand
She can't get clothes on because she can't stand up unaided due to several slipped discs in her back on And the problems with her hands
She can't use a aid like a grabber to put on clothes because she can't grip the aid properly in order to use it properly so needs help with putting clothes on if that makes sense
Also with the comode she can't use her own toilet because she woukd need help to first get up the stairs and then get on & off it
With the commode she needs help to stand and then get on / off and clean her self
The HP noted this on the form that she assistance to get on / off the commode
Yes the HP noted on the form that she uses a disability beaker. she can slide her last three fingers through the handles she can drink out of it . .She can't hold a normal cup or glass properly ( this was also noted on her Esa form) as she can't grip them
She has problems with her hands limited mobility & grip and loss of sensation in both but worse in the left hand
She can't get clothes on because she can't stand up unaided due to several slipped discs in her back on And the problems with her hands
She can't use a aid like a grabber to put on clothes because she can't grip the aid properly in order to use it properly so needs help with putting clothes on if that makes sense
Also with the comode she can't use her own toilet because she woukd need help to first get up the stairs and then get on & off it
With the commode she needs help to stand and then get on / off and clean her self
The HP noted this on the form that she assistance to get on / off the commode
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8 years 4 months ago #160152 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Am I right in assuming this
HippyChick
Concentrate on showing that they meet criteria to score points, you can highlight elements from the assessment report that support this, needing assistance to get off of a commode would be an example of this.
Don't assume they will make the connections you have, if their problems with their hands cause problems in multiple activities then you need to spell this out for each one.
Gordon
Concentrate on showing that they meet criteria to score points, you can highlight elements from the assessment report that support this, needing assistance to get off of a commode would be an example of this.
Don't assume they will make the connections you have, if their problems with their hands cause problems in multiple activities then you need to spell this out for each one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 4 months ago #160190 by HippyChick73
Replied by HippyChick73 on topic PIP Am I right in assuming this
That's what im doing
What I did was to type out the HP reasoning for the descriptor given
Then beneath that put the reason why my friend meets the descriptor for this explaining why she needs help to get in /off the commode as can't stand and walk unaided and needs help cleaning herself
Why she needs to use a disability beaker because she can't hold and grip safely & reliably normal glasses & cups and that without this aid she wouldn't really be able to drink anything
But because she can use this aid and needs this aid to drink with im hoping that it shouldn't be presumed that she can use aids elsewhere
This beaker dosent require my friend to grip but the aid she was awarded points for do require her to grip and hold on to it in order to use it
something she can't do without it causing her more pain to her hands and if she drops them she can't bend over to pick them up so she's assistance to do the other daily activities like washing/ bathing preparing food
Hopefully if I explain it like this and enclose the GP notes where they state that she alwaysxattendscin a wheelchair assisted by someone they might see sense
If not my friend is happy to go to tribunal
What I did was to type out the HP reasoning for the descriptor given
Then beneath that put the reason why my friend meets the descriptor for this explaining why she needs help to get in /off the commode as can't stand and walk unaided and needs help cleaning herself
Why she needs to use a disability beaker because she can't hold and grip safely & reliably normal glasses & cups and that without this aid she wouldn't really be able to drink anything
But because she can use this aid and needs this aid to drink with im hoping that it shouldn't be presumed that she can use aids elsewhere
This beaker dosent require my friend to grip but the aid she was awarded points for do require her to grip and hold on to it in order to use it
something she can't do without it causing her more pain to her hands and if she drops them she can't bend over to pick them up so she's assistance to do the other daily activities like washing/ bathing preparing food
Hopefully if I explain it like this and enclose the GP notes where they state that she alwaysxattendscin a wheelchair assisted by someone they might see sense
If not my friend is happy to go to tribunal
The following user(s) said Thank You: Gordon
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