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6 years 1 month ago #228949 by an ex nurse
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Hi, I would like to ask about the guidance on page 20 of the pip guide regarding if something applies for part of the day it should be considered to apply for the whole day. I am in severe pain every morning and need to take pain relief and wait about 2 hours before I am able to get washed and dressed. How often do you think this is taken in to account as I believe this was overlooked at my assessment. It was mentioned in the variability section of the HP report but not mentioned in decision.
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6 years 1 month ago #228961 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip rules
An ex nurse
There's Case Law in this area, so the answer is that it depends on the activity and the claimant's circumstances.
So as an example; someone who is in significant pain when they wake-up and whose pain medication does not take effect for several hours could successfully argue that they are unable to complete the Washing and Bathing and Dressing and Undressing activities as these would reasonably be expected to be done at the start of the day. But they may struggle to score for Preparing and Cooking Food, as this is an activity that could be done later in the day when their pain is under control.
Gordon
There's Case Law in this area, so the answer is that it depends on the activity and the claimant's circumstances.
So as an example; someone who is in significant pain when they wake-up and whose pain medication does not take effect for several hours could successfully argue that they are unable to complete the Washing and Bathing and Dressing and Undressing activities as these would reasonably be expected to be done at the start of the day. But they may struggle to score for Preparing and Cooking Food, as this is an activity that could be done later in the day when their pain is under control.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 1 month ago #229078 by an ex nurse
Replied by an ex nurse on topic pip rules
Thank you again Gordon. I have looked up the above mentioned case law and found it very helpful. If quoting case law in an appeal submission is there a standard format that is used? The case law I have found is TR v SSWP (2016) AACR23. Do I just quote it in this way.
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6 years 4 weeks ago #229096 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip rules
An ex nurse
Yes, just refer to it as you have.
If you think that there are relative sentences or paragraphs then you can quote these, with the paragraph number but don't quote large blocks of text and you don't need to include a copy of the judgement.
Make sure that you properly understand what this judgment is saying, it's not just about a limitation applying for the whole day, it is also about the panel not providing sufficient explanation of their Decision and it could be that if they had, that no error would have been found.
Gordon
Yes, just refer to it as you have.
If you think that there are relative sentences or paragraphs then you can quote these, with the paragraph number but don't quote large blocks of text and you don't need to include a copy of the judgement.
Make sure that you properly understand what this judgment is saying, it's not just about a limitation applying for the whole day, it is also about the panel not providing sufficient explanation of their Decision and it could be that if they had, that no error would have been found.
Gordon
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6 years 4 weeks ago #229098 by an ex nurse
Replied by an ex nurse on topic pip rules
Is this the case law you were referring to in your original answer Gordon or do you know of any other that is relevant ?
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6 years 4 weeks ago #229106 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic pip rules
An ex nurse
Yes, I think so. Have a look at the following for other Case Law which might be relevant.
pipinfo.net/
it's a lot easier to use than the Government sites.
Gordon
Yes, I think so. Have a look at the following for other Case Law which might be relevant.
pipinfo.net/
it's a lot easier to use than the Government sites.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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