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Cognitive impairment
- Augustus
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8 years 6 months ago #180105 by Augustus
Replied by Augustus on topic Cognitive impairment
Sally
All that you have stated won't work with the DWP, but may well do with the Appeal Tribunal. I was in a similar position, though not with Asperger's. I had help in making a reasoned case on appeal. I could not even attend. But DWP sent an officer anyway to oppose.
I won and the comment was that my evidence was more compelling!
Concentrate on the practical effects of going out alone and why assistance is essential. I just casually stated that most people would understand that since the brain is the seat of all human function and ability, any medical issues which compromise concentration, attention and focus, or cause distress and anxiety, should weigh with the tribunal in this regard, despite no clinical diagnosis.
A
All that you have stated won't work with the DWP, but may well do with the Appeal Tribunal. I was in a similar position, though not with Asperger's. I had help in making a reasoned case on appeal. I could not even attend. But DWP sent an officer anyway to oppose.
I won and the comment was that my evidence was more compelling!
Concentrate on the practical effects of going out alone and why assistance is essential. I just casually stated that most people would understand that since the brain is the seat of all human function and ability, any medical issues which compromise concentration, attention and focus, or cause distress and anxiety, should weigh with the tribunal in this regard, despite no clinical diagnosis.
A
- Sallygreat
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8 years 6 months ago #180232 by Sallygreat
Replied by Sallygreat on topic Cognitive impairment
Thank you for your reply Gordon. Most helpful as always.
With planning a route ...its easy to show that he cannot plan a new route but you also need to show he cannot plan a familiar route? Well he does this but it takes him a lot longer and he will go over it again and again....he can only use "landmarks" . So under the "acceptable standard" or "in a reasonable timeframe" would he still be able to get marks for this?
Thanking you again for your swift responses. Sally
With planning a route ...its easy to show that he cannot plan a new route but you also need to show he cannot plan a familiar route? Well he does this but it takes him a lot longer and he will go over it again and again....he can only use "landmarks" . So under the "acceptable standard" or "in a reasonable timeframe" would he still be able to get marks for this?
Thanking you again for your swift responses. Sally
- Sallygreat
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8 years 6 months ago #180238 by Sallygreat
Replied by Sallygreat on topic Cognitive impairment
OOOOOhhhhhh! Thanks Augustus...this is amazing! ...despite no clinical diagnosis ...phew! Well done and thanks for your trailblazing........I suppose we just have to hope that eventually we will be able to convince them at tribunal....but as you know so much is just at the speculative and probing stage even with us. So this is brilliant news.
Will do and use what you suggest too. Did you get standard or enhanced mobility? Dare I ask you what your medical issues or disability is? Could I ask you did you submit information before all the new upper tribunal cases appeared in early January? And at appeal the same...was your appeal after the first week in January. One can only hope that things are improving if only very very slghtly.
Thank you again
Will do and use what you suggest too. Did you get standard or enhanced mobility? Dare I ask you what your medical issues or disability is? Could I ask you did you submit information before all the new upper tribunal cases appeared in early January? And at appeal the same...was your appeal after the first week in January. One can only hope that things are improving if only very very slghtly.
Thank you again
- Gordon
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8 years 6 months ago #180243 by Gordon
Planning a route and following a route are separate activities, the references to "familiar" and "unfamiliar" are specific to following a route and not planning one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Cognitive impairment
Sally wrote: Thank you for your reply Gordon. Most helpful as always.
With planning a route ...its easy to show that he cannot plan a new route but you also need to show he cannot plan a familiar route? Well he does this but it takes him a lot longer and he will go over it again and again....he can only use "landmarks" . So under the "acceptable standard" or "in a reasonable timeframe" would he still be able to get marks for this?
Thanking you again for your swift responses. Sally
Planning a route and following a route are separate activities, the references to "familiar" and "unfamiliar" are specific to following a route and not planning one.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Sallygreat
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8 years 6 months ago #180261 by Sallygreat
Replied by Sallygreat on topic Cognitive impairment
Right Gordon, I think I may have been confused by other claimants saying that they were not awarded as they stated that they could not plan a new route only.
So...do you just need to explain in detail that he cannot plan a new route only. Just need so much reassurance because of my high anxieties, autism, bipolar, etc.
Therefore I need not mention about him going over an old route (because of his anxieties)?
As ever grateful for your input Sally
So...do you just need to explain in detail that he cannot plan a new route only. Just need so much reassurance because of my high anxieties, autism, bipolar, etc.
Therefore I need not mention about him going over an old route (because of his anxieties)?
As ever grateful for your input Sally
- Gordon
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8 years 6 months ago #180301 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Cognitive impairment
Sally
The Descriptors make no reference to an "old" or "new" route, it reads
c. Cannot plan the route of a journey.
Gordon
The Descriptors make no reference to an "old" or "new" route, it reads
c. Cannot plan the route of a journey.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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