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use of aids to eat and toileting

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4 years 2 months ago #243829 by wilton
use of aids to eat and toileting was created by wilton
My wife suffers with extreme eczema on both hands which causes split and bleeding skin with open wounds.She needs to wear prescribed cotton gloves to prevent infections and needs to use adapted easy grip cutlery due to poor grip.She also needs to use a bottom wiper after using the toilet for the same reasons.Just received paperwork for appeal and informed 0 pts for managing toilet needs. There explanation saying that this descriptor is about your ability to get on and off the toilet.Then 0 pts for assisting in cutting food and the use of adapted cutlery.There explanation is although she has difficulty cutting certain foods it is not necessary for an individual to be able to cut food such as meats,potatoes,sausage etc.in order to take nutrition to an acceptable standard.I find this so confusing as the assistance she needs is just being played with a play on wording.

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4 years 2 months ago #243833 by Gary
Replied by Gary on topic use of aids to eat and toileting
Hi ginger

I know that the wording on the assessors report can be pedantic. We have a very substantial guide on the PIP process and it will walk you through every step.

You can either download it - it is very large (93 pages)
www.benefitsandwork.co.uk/help-for-claimants/pip

or you can read each section of the same guide online in separate parts.
www.benefitsandwork.co.uk/help-for-claim...pip/pip-claims-guide

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP Mandatory Reconsideration & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.

You should contact the DWP for a copy of the assessment report ( if you have not already done so), I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: wilton

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4 years 2 months ago - 4 years 2 months ago #243837 by Gordon
Replied by Gordon on topic use of aids to eat and toileting
Ginger

Just to add to Gary's advice, I think the DM's view of Taking Nutrition is wrong as

2. Taking nutrition.
b. Needs –
(i) to use an aid or appliance to be able to take nutrition; 2 points

should cover the use of adapted cutlery.

You haven't posted enough information to comment on her toilet needs but

5. Managing toilet needs or incontinence.
b. Needs to use an aid or appliance to be able to manage toilet needs or incontinence. 2 points.

Covers more than just getting on and off of the toilet.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 4 years 2 months ago by Gordon.
The following user(s) said Thank You: wilton, HappyHappy2

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