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Dosette box and prompting
- Beragon
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5 years 5 months ago #240289 by Beragon
Dosette box and prompting was created by Beragon
Hello again advisers,
I have another question regarding the points on my assessment ( care ) I scored 6 points here and will appeal under the taking medication and prompting question. However even if I win this will only give me 7 points, so no money under daily living.
6 months ago I attended Court with another friend, who was awarded the 1 extra point, but the disabled person at the hearing explained that the 1 extra point would make no difference to the award, she was very frustrated at all of this. So as the Courts seem very well aware of the useless 1 extra point issue my question is-
Has anyone appealed to the Higher Tribunal or made a legal challenge on this issue? Who can I appeal to, to get this 1 point changed to 2 points, which would mean that I would be entitled to the lower rate under Daily Living.
After all my carer does so much for me this should be recognised.
Beragon
I have another question regarding the points on my assessment ( care ) I scored 6 points here and will appeal under the taking medication and prompting question. However even if I win this will only give me 7 points, so no money under daily living.
6 months ago I attended Court with another friend, who was awarded the 1 extra point, but the disabled person at the hearing explained that the 1 extra point would make no difference to the award, she was very frustrated at all of this. So as the Courts seem very well aware of the useless 1 extra point issue my question is-
Has anyone appealed to the Higher Tribunal or made a legal challenge on this issue? Who can I appeal to, to get this 1 point changed to 2 points, which would mean that I would be entitled to the lower rate under Daily Living.
After all my carer does so much for me this should be recognised.
Beragon
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- BIS
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5 years 5 months ago #240296 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Dosette box and prompting
Hi Beragon
If you are putting in for a Mandatory Reconsideration or an Appeal - why would you focus on this single issue? I would look at every area of the daily living criteria - and see whether there are any other questions where you could be awarded a higher score.
In terms of taking a case to a Higher Tribunal - this can only happen if there was an error in applying case law at the first tribunal. It's unlikely to happen on this issue.
BIS
If you are putting in for a Mandatory Reconsideration or an Appeal - why would you focus on this single issue? I would look at every area of the daily living criteria - and see whether there are any other questions where you could be awarded a higher score.
In terms of taking a case to a Higher Tribunal - this can only happen if there was an error in applying case law at the first tribunal. It's unlikely to happen on this issue.
BIS
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- Gordon
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5 years 5 months ago #240305 by Gordon
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Replied by Gordon on topic Dosette box and prompting
Beragon
I have to agree with BIS, the Descriptors are described in law so you are not going to score higher than the one point available for managing medication, you need to look at the other PIP activities to see whether you can score the extra two points that you need.
Gordon
I have to agree with BIS, the Descriptors are described in law so you are not going to score higher than the one point available for managing medication, you need to look at the other PIP activities to see whether you can score the extra two points that you need.
Gordon
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- Beragon
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5 years 5 months ago #240446 by Beragon
Replied by Beragon on topic Dosette box and prompting
Hello Gordon and Biss,
I do not think I could get more than 6 points under daily living and I have spent hours grappling with this. The dosette box and prompting from my carer therefore, is the only place I could score any more points.
So has anyone made a legal challenge about the useless one point?
Beragon
I do not think I could get more than 6 points under daily living and I have spent hours grappling with this. The dosette box and prompting from my carer therefore, is the only place I could score any more points.
So has anyone made a legal challenge about the useless one point?
Beragon
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- Gordon
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5 years 5 months ago #240457 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Dosette box and prompting
Beragon
There was a recent UTT Decision, there is an article in the News area, that covers this, whilst it did not specifically look at this part of the legislation it also did not challenge it when it could have.
I'm afraid you are not going to score higher for just needing help with your medication.
Gordon
There was a recent UTT Decision, there is an article in the News area, that covers this, whilst it did not specifically look at this part of the legislation it also did not challenge it when it could have.
I'm afraid you are not going to score higher for just needing help with your medication.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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