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Managing therapy - do orthotics count?

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9 hours 53 minutes ago #313103 by miss ladysmith
Managing therapy - do orthotics count? was created by miss ladysmith
Hi there
I have a custom made leg brace from hospital orthotics to try and prevent one of my legs getting even worse due to hEDS - however in my decision letter they have referred to it as a boot?!? and stated that it is not considered within the needing assistance to manage a medical condition - i am unable to put it on or take it off myself - its a whole leg big contraption.
Is there decision correct - or should this come under getting dressed?
Thanks for any advice

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1 hour 40 minutes ago #313107 by LL26
Replied by LL26 on topic Managing therapy - do orthotics count?
Hi miss ladysmith,
According to the definitions in Descriptor 3 "manage therapy" means undertake therapy, where a failure to do so is likely to result in a deterioration in [the claimant's] health." There is also a requirement for the therapy to be prescribed or recommended by a relevant healthcare professional.
Presumably a doctor or other health care professional has prescribed the use of a brace.

So, why do you need to wear the brace? How does your health condition deteriorate if you don't wear the brace. Maybe you fall over, get fatigued, have increased pain etc etc.
Do you have ( or could get) a letter from the Doctor or whoever suggested/ provided the brace to confirm its use and why it is needed.
A recent case indicated that help to put on compression stockings could count as help with therapy. This seems to be a similar case to yours.
www.gov.uk/administrative-appeals-tribun...ns-2024-ukut-244-aac
This case confirmed there would be no additional points under Dressing for using compression stockings.I can't see that your case would be any different.
Next you will need to time how long it takes to put the brace on/off, and define what help is needed in a step by step way. (This will help show DWP exactly the help required and explain the time, especially if this takes a considerable amount of time.
The correct amount of points will be reflected by the time required each week. So, for instance you to 3.5 hours will allow 2 points and so on.
You can of course appeal this decision - the initial stage would be to write to DWP asking for Mandatory Reconsideration. However there is no point in doing this if the proper score for Descriptor 3 gives insufficient further points to give rise to the standard award, or for enhanced as appropriate, and no other points are disputed.
I hope this helps.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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