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Help needed with Appeal regarding Microwave

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5 years 2 weeks ago #247164 by lew247
Hi all
I had DLA and this was stopped last year while they decide if I'm eligible for PIP
After my initial refusal I did the mandatory appeal and this was refused
I then appealed with a very long detailed reasoning for my appeal
I had a phone call a couple of weeks ago from the assesor who offered me lower rate on both sections
He tried to get me to accept this on the phone but I refused and he said he would recomend this to the court
I received my huge pack of documents today and there is nothing about a date for the appeal
is this usual?
How long do I have to get further evidence in?

The main section I am appealing is Daily Living Activity 1
HE recomended descriptor 1C
I am appealing this as I think I should get 1E

I had severe brain injuries in 2007 and have multiple problems since then, one of the main ones being my short term memory is so bad that unless the sugar spoon is in one certain place I cannot remember if I've put sugar in my tea or not
I've lost count of the number of times I've had to throw tea out and start again

With regards to cooking my wife has banned me from cooking totally, because of my short term memory
I've discovered through experience that eggs explode if you forget you put them on to boil
potatoes not only go dry but burn into a horrible smelling black mess in the bottom of the saucepan that then gets so hot it burns the bottom of the saucepan off totally
She's come home from work to open the kitchen to be met with a kitchen she cannot see into due to the thick smoke where I've put a chicken in the oven to cook but forgot I put it in there.

I can use a microwave but my issues is I keep forgetting that I've put the food in there and by the time I remember it's inedible it's that cold

Is there any case law regarding this or any law or advice?


The other section I am appealing is Mobility Section 1
HE has recommended nothing for this section as although I never go anywhere unfamiliar due to my fear of getting lost and inability (fear) of asking people for directions if I got lost (I cannot talk to strangers I do not know) He said there is no evidence of me having overwhelming psychological distress whilst on the journey and needs to be accompanied to overcome the overwhelming psychological distress

I tried reasoning that I should get descriptor 1D Cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid

I have included this in the paperwork I am preparing

I believe due to the problems with my short term memory and inability to talk to strangers which the assesor acknowledged to me on the telephone that I should be awarded Descriptor 1D
As per EFFECT OF UT DECISION MH V SSWP (PIP) [2016] UKUT 531(AAC)
should be decided in accordance with MH and R
The claimant has periods of severe anxiety where they are unable to travel on routes they do not know unless they are accompanied (but they are always able to travel on routes familiar to them). When they are not suffering from a period of severe anxiety they are able to manage unfamiliar routes without problem. It is determined that these severe periods do occur for the majority of days in the required period, and that they do amount to overwhelming psychological distress.

MH The CM decides that the claimant satisfies descriptor 1d as on the majority of days they would need another person in order for them to overcome OPD on unfamiliar routes

The assesor acknowledged that I have severe anxiety but he would not allow because there is no evidence of me having overwhelming psychological distress whilst on the journey and needs to be accompanied to overcome the overwhelming psychological distress

I submit due to UT DECISION MH V SSWP (PIP) [2016] UKUT 531(AAC) severe anxiety should be enough for descriptor 1D to be valid


Any suggestions or comments?

Ideally any help with the first section please if possible

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