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pip cook a meal

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5 years 6 months ago #219796 by subby
pip cook a meal was created by subby
dhs say because my wife has severe epilepsy but no physical problems she is only able to get points for supervision to cook a meal her epilepsy nurse and doctor have told her not to cook or go into kitchen after several bad accidents in kitchen one resulting in 60%full thickness scalds to upper body needing month in burns unit and 2 years of operations am I correct that if you cannot safely cook a meal you should get the points for that as at the moment she is on 5-10 fits per day without warning. asking as deciding if to go to tribunal

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5 years 6 months ago #219819 by Gordon
Replied by Gordon on topic pip cook a meal
Colin

Decision Makers are told to look at the frequency of the risk and what the risk is, they tend to only score where the frequency is high and so is the risk of injury, if your wife is having 5-10 fits a day then I would think that she meets this criteria and should score the four points for requiring supervision.

Does she get any warning of a Fit? If she does then this may make it more difficult to score.

Have a look at the section on Safety in the PIP Claim guide.

Gordon

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

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5 years 6 months ago #219822 by subby
Replied by subby on topic pip cook a meal
thanks for reply they have given 4 points but as she is having 5-10 fits per day with no warning and has had several serious accidents cooking and making hot drinks her doctor says she is not safe to be in the kitchen so I feel she should get the points for unable to cook is that point worth taking to appeal as I don't want her to go all through that if I am wrong. by the way these accidents happened while under supervision.

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5 years 6 months ago #219829 by Gordon
Replied by Gordon on topic pip cook a meal
Colin

I can't give you a definitive answer but I think that you will struggle to show that she "cannot prepare and cook food".

There is no Case Law in this area but the interpretation appears to be a literal one, so if I understand your wife's problems correctly, she can prepare and cook a simple meal but it is not safe for her to do so, this would not meet the requirement.

Have you looked at her scoring for some of the other activities? Taking Nutrition, Managing Therapy, Washing and Bathing and Managing Toilet Needs all have Descriptors that cover a need for supervision.

Gordon

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5 years 6 months ago #219840 by keeptrying
Replied by keeptrying on topic pip cook a meal
I think she would meet the requirement as you need to be able to do things 'reliably'
and that means "safely, to an acceptable standard, repeatedly and in a reasonable time"
(ref. the pip guide on here)

there is clearly no way she can reliably prepare a meal SAFELY
so I think it is definitely worth pursuing that line
and indeed, since she does not know when she will have a seizure, she cannot reliably repeat the task, nor guarantee doing so in a reasonable time

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5 years 6 months ago - 5 years 6 months ago #219849 by Gordon
Replied by Gordon on topic pip cook a meal

walker wrote: I think she would meet the requirement as you need to be able to do things 'reliably'
and that means "safely, to an acceptable standard, repeatedly and in a reasonable time"
(ref. the pip guide on here)

there is clearly no way she can reliably prepare a meal SAFELY
so I think it is definitely worth pursuing that line
and indeed, since she does not know when she will have a seizure, she cannot reliably repeat the task, nor guarantee doing so in a reasonable time


I agree that activities and Descriptors must be completed reliably on the majority of days but I think that the change from preparing and cooking a meal to preparing and cooking food is the significant issue.

At the very least the OP would have to tackle the issue of why adequate supervision was not sufficient to mitigate the risk during a Fit but I'm not convinced that even then this would deal with the change in emphasis in the highest Descriptor.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 years 6 months ago by Gordon.

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