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TOPIC: Statement of reasons

Statement of reasons 1 week 2 days ago #241403

Hello

I got my statement of reasons
Can you help me
For managing therapy
The court wrote
Mrs Sarah undertakes physio therapy for around 14 hours per week . She told us about this in evidence and we were satisfied that it was an accurate assessment.
We were not satisfied of the likelihood that another person was actively supervising and assisting in her physio therapy for the whole of those 14 hours each week.
We are satisfied on the evidence that someone was reasonably required to be available to assist with preparing for the therapy and to provide a reassurance of presence nearby during the exercise ; such that we calculated - based on our medical and specialist knowledge- that another person would be providing up to 3.5 hours per week of support , supervision and assistance.
This is what was written in my statement of reasons
I disagree with this because I need supervision all day long because I go unconscious anytime.
Can you read this and tell me what you think
Thanks
Sarah

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Statement of reasons 1 week 1 day ago #241409

Hi Sarah

Your only option is to put in an appeal to the Upper Tribunal and you would need to argue that the panel missed specific information and/or misapplied the law in deciding that you only need 3.5 hours supervision rather than the 14 you state. I quickly googled case law for managing therapy and I couldn't find anything pertaining to the same issue you state here - that doesn't mean it doesn't exist but I couldn't see any. You may want to get some advice from a welfare rights adviser if you want to proceed with an appeal to the Upper Tribunal. I don't know how this judgement affected your entire claim.

BIS

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

Statement of reasons 1 week 1 day ago #241410

Hi
Thanks for the reply

I got standard rate instead of enhanced rate
But they also didn’t give me points for prompting to eat
The judge wrote
We were satisfied on the evidence that the poorly controlled nature of Sarah’s diabetes meant that even with prompting to eat , her risk of attack was not diminished.
We were satisfied that the description given by Sarah to the HCP of needing some assistance with glucose and / or sugar on coming round following an attack was apt but that it did not amount to being unable to take nutrition or to require support , prompting, or assistance to do so.

My Gp wrote a letter that I need prompting to eat
I sent that letter before going to appeal to DWP
Then I sent it again to appeal panel
It was in my appeal bundle
They didn’t consider what my Gp wrote
Even though before I got points for prompting to eat and that decision was made by a judge when I appealed in 2015.
I have needed prompting to eat since 1997
I told the court this when I went to my appeal
They didn’t even take this into consideration
Can you help me please
Thanks

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Statement of reasons 1 week 1 day ago #241415

Sarah

The panel does not have to accept the testimony of your GP and I do not think that their reasons mean that they have ignored your GP's letter, however, their reasons also seem to contradict themselves although I am saying this without knowledge of what was said at the hearing and what was included in your submission.

The test is whether you need prompting not whether you are able to manage your glucose and sugar levels which is how I read their reasons.

However, what you have posted would seem to support your needing supervision while you exercise as it strongly suggests that your diabetes is not manageable despite your efforts to do so and I would have thought that you are at a higher risk of a hypo.

So to re-emphasise what has been said before, you are not challenging their Decision but how it has been made and in particular whether they have adequately and reasonably explained that Decision in their reasons.

Gordon

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Statement of reasons 1 week 1 day ago #241426

Hello
Thank you for your reply

I have hypo unawareness since 1997 I went into diabetic coma
I have more than 5 hypos a day I see a Diabetes consultant every 3 months
I go unconscious every day too
I need prompting to eat since 1997 since I lost hypo warning signs
When I go unconscious someone injects me glucogon injection and then when my sugar goes up they prompt me to eat and drink the paramedics do this too
Since 1997
If no one prompts me to eat I wouldn’t be able to eat because I am still drowsy and I just want to sleep and will die if I don’t get prompted to eat
The court didn’t ask me anything on this at all
Could you please give me advice
Thank you very much
Sarah

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Statement of reasons 1 week 1 day ago #241442

Sarah

You cannot appeal on the detail of your claim, this is not about whether you meet the criteria for an award or not, you are not arguing that you should score for prompting to take nutrition or that you need supervisions whilst having therapy.

Amy further appeal will only be about how the panel came to their Decision, have they applied the law correctly, have they explained how they made the Decision, based on the information available is the Decision reasonable.

You really need to try and get face to face advice from a trained advisor, any advice we can offer is limited because we have no access to to the SoR or the papers from your appeal.

I think there are a couple of areas that you can argue but that view is based on the few paragraphs that you have shared but this could easily be proved to be wrong if more of the SoR was read.

Gordon

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Moderators: GordonGaryBIS