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ollieconure
Community member Posts: 53 Courageous
i was awarded standard daily living standard mobility even though i use a walker.the assessor had to wait some time for me to get to the room,ive now got the report back she says from waiting room to assessment room and back is 20mtres she could see i was crackered and had to keep stopping for rests, any way 8 points for standard.well my issue is she gave 2 points focusing aid at preparing a meal.i told the assessor at interview that i cannot cook because I'm busy holding my self up with walker or furniture in kitchen that it would be dangerous for me too cook and lift pans because i have arthritis in my right arm so I'm righted handed, and have arthritis in both knees to which i loose balance quite a lot so how am i expected to be able to pick a hot pan up with left hand whilst holding on to aids to stop me from falling i only have 1 pair of hands, also told her if i was to get down omg i cannot get back up i need to hold onto something to get up so how can i be able to remove food from cooker and support myself, even a perching stool would be no good i would have to move the chair then get down to oven but how can i get back up if stool is moved and i need to hold onto something to get up safely thats what i told them when i rang them back up ,they said i would need my gp to word this in his own opinion not what i tell him i can't do.
Comments
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@ollieconure
Are you going to appeal?
My assessor put in her report that because I could walk 16 mtres from waiting room to interview room then I must be able to walk 20 to 50 meters outdoors, which is preposterous. At tribunal I was awarded enhanced mobility.
At assessment I said that on bad days I can't finish peeling/chopping veg and was awarded two points for food preparation because I use adapted peeler and still can't complete the activity. At tribunal I was awarded an extra two points because I need someone to peel/chop for me which is what I'd said I needed all along. This put me into enhanced DL.
Hope this helps. -
hi matilda i phoned them first to tell them i disagreed with that and that i was also awarded 2 points for using bath aids,but i have support from my daughter getting into bath which is 4 points she only awarded 2 points for aids i thought they was supposed to go by your highest points, so i rang and she said if i get doctor to put in his own words about how using a cooker whilst using walker is safe or not then to send it into them so don't think its a MR i think she was waiting on docs letter, but i did a copy of assessors report so going to see CAB on monday to see what they make of the desscision
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ollieconure,
I hope CAB have been able to help you. I would ask for an MR, but you may need to go to an appeal. It's not the case that you have to have medical evidence for absolutely everything - at a tribunal, the panel will listen to what you have to say and how you describe the risks of your everyday life and what you need help with.
I would also consider a complaint to the assessment company and DWP. There's nothing in the PIP regulations which says every point you are awarded has to be backed up by medical evidence. What you say is evidence too. Of course medical evidence helps, but we all know a GP is unlikely to write a report giving sufficient detail of what you can and cannot do.
Risk is relevant to all the PIP activities. If something isn't safe for you to do, you shouldn't be regarded as doing it. If you are particularly slow or can't do something to an 'acceptable standard' you shouldn't be regarded as able to do it either.
Good luck and I hope you challenge this decision.
Will
The Benefits Training Co: -
update i rang pip after i got my rate of standard and standard and told them in june 2017 i was asking for mandatory decision they told me i had 28 days to send in more evidence so then 10 days later i got a letter from them saying <we have looked at your further evidence and cannot change the descion>i was shocked they had made a design without waiting for further evidence e to be sent in so i rang them and they apogilzed at there mistake and said.i still had time to send the evidence in to them which i did, and since june i have rang and nothing had been done.until today 10th nov i rang again and was told no change in rate,
How do they expect someone with arthritis in both knees that use a wheeler indoors to be able to sit on a perching stool to cook but how am i supposed to move the food when its cooked to eat it,im guessing they expect me to sit at the cooker on stool to eat my meal i have arthritis in my right elbow to which I'm right handed so i can't even open a tin of soup with them pull lids with my left hand and to expect me to carry food whilst using my walker to stop me from falling
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The requirement for preparing food only takes into account using the hob or microwave, not the oven. There is no requirement to lift pan as they will say you can use a slotted spoon. There is an aid that you can use for ring pull cans.
Are you going to appeal ?
CR
Be all you can be, make every day count. Namaste -
yes I'm thinking of it because if when using a walker or even if i used a perching stool at cooker its mighty hot sat at the gas cooker so its not something that can be done safely
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I think they will say that you could use a micro wave so that you don't need to sit at the cooker.
You should of course appeal to the tribunal which is independant
Make sure that you understand the points system, the deescriptors and the criteria .
Bear in mind that a tribunal can take points away and even remove your award completely
There is lots of info on here about the appeal process and ut is a good idea to get help from CAB if possible
CR
Be all you can be, make every day count. Namaste -
Hi @ollieconure, if you do decide to appeal, you may find this guidance on the process helpful. Best of luck and let us know how you get on!
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@ollieconure
Not everyone owns a microwave and the DWP cannot oblige people to buy one.
It sounds as though there are some things connected with preparing a meal that you just cannot do without help from another person so you should get points accordingly. Have a look at Disability Rights site and the list of descriptors.
At tribunal you don't necessary need a GP's letter to show what you can and can't do - your own evidence if convincing would be enough.
If you think your current award is safe, it's worth appealing.
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Hello ollieconure
From your post it looks like you are arguing that you need supervision or assistance to cook a simple meal. But as previous posts have stated please consider the descriptors.
I can see your frustration. As the above descriptor says it is about preparing and cooking a simple meal. A simple meal is a one-course meal for one using fresh ingredients. As such, it may be worth considering if you had an aid, are there times that you cannot hold and peel for example vegetables due to your arthritis? and is this for the majority of the time? Even if on a perching stool, at some point you will need to stand to stir or check on food. Do your knees give way without warning? and as such are you at risk of falling?
The above descriptor will give you 4 points rather than the 2 awarded. This alone may therefore not move you from standard to enhanced rate.
As CR post states please remember that a tribunal can decide that you are entitled to the same award, increase the award or take it away.
Please keep us posted.
Maria
The Benefits Training Co: -
thanks everyone i too was given only 10 points standard for mobility because i cannot walk more than 20-50 metres but i use the walker had car taken away tried to cross the road the other day at lights my god i only got a quarter of the way across and lights changed so i panicked because cars were wonting to set off never do that again it took me ages and help from someone to help me finish the road safely wow surely that should be taken into consideration for moving around outdoors
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At tribunal I insisted that I could not, using a stick, walk farther than 20 meters before I needed to stop and rest. Both the doc and the judge asked me lots of questions about my walking ability and I was awarded enhanced PIP mobility.
DWP guidance states that walking distance should be measured outdoors using pavements and kerbs. In other words, walking ability indoors should be disregarded. And, I understand, ability to climb stairs/steps should be disregarded as well - which surprises me but apparently it is so.
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