Preparing Food in the Daily Living Component

LeeA380

I only got 6 points in the Daily Living Component because I was unexpectedly marked down on the Preparing Food element.

The assessor in my letter said that moving plates around from place to place on crutches (with difficulty) was not part of the PIP assessment and therefore cannot award me anything for this.

I am usually totally reliant on 2 crutches so when making lunch and dinner, I cannot carry anything over to the dining table (or even upstairs if i want to watch tv) as my hands are being used on the crutches for balance. As such, I must get down on my knees and crawl over the floor holding my dinner plate(s) to get to my preferred sitting place, and then climb back up to a seat (which uses a lot of energy, and is probably not very good for me).

If I cannot get awarded 2 points for this is it even worth the rigmarole of going through the mandatory reconsideration?

janer1967

Hi there 

Unfortunately this isnt mentioned in the descriptor as it is about preparing food 

It doesn't make sense I know but maybe it might fit better in another descriptor I'm not sure where 

Speak to welfare rights they may be able to help 

Also other members will be able to advise 

LeeA380

janer1967 said:

Hi there 

Unfortunately this isnt mentioned in the descriptor as it is about preparing food 

It doesn't make sense I know but maybe it might fit better in another descriptor I'm not sure where 

Speak to welfare rights they may be able to help 

Also other members will be able to advise 

Hi Janer. But in terms of "preparing food", getting around the kitchen, carrying chopping boards to the sink, going to drawers and cupboards to find a saucepan etc., doesn't this warrant 2 points?

Maybe I focused too much on the aforementioned issues, and on my MR i should focus more  on the preparation issue.

janer1967

Maybe so o  the mr give 2 re examples of when you tried to prepare food detailing who was there   when , how you do it any aids or support can you do it safely reliably repeatedly in a timely manner and any consequences 

Mr usually gives sane outcond with success rate low but more success at tribunal 

Also Mr looks at whole award again si consider if the extra points would give a higher award 

calcotti

From the PIP Assessment Guide

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#daily-living-activities

This activity considers a claimant’s ability to prepare and cook a simple meal for one from fresh ingredients. It assesses ability to open packaging, peel and chop, serve food on to a plate and use a microwave oven or cooker hob to cook or heat food. Serving food means transferring food to a plate or bowl, it does not include presentation.

Carrying items around the kitchen or carrying food to where it will be eaten is not included in this activity.

This activity considers the claimants functional limitations in their ability to prepare food and not the claimant’s lack of skill or opportunity to learn. If an individual cannot cook at all because they have never needed to learn, consider their ability to carry out activities at or above waist height and their cognitive ability to use a stove or microwave if shown how.

Cooking food at waist height does not consider the ability to bend down to access an oven.

We could no doubt debate whether or not the guide is legally correct but knowing their point of reference nice is useful when thinking about what to write.

LeeA380

Calcotti, thanks for the link.

I was also marked down unexpectedly on the dressing/undressing.

The exact quote on the decision letter was: "supporting evidence shows little weight-bearing ability through the left leg, however sitting to get dressed and undressed is considered normal for activity therefore not considered under the scope of PIP purposes".

On the link you sent me, I notice it says: Activity 6: "All claimants should be measured by their level of functional ability rather than by how they choose to dress".

Surely this is grounds for a MR?

calcotti

Seems reasonable to me to say that most dressing and undressing can be done while seated and therefore only limited standing is required. From the guide

in many cases a claimant will be able to dress or undress either sitting down, standing up, or through a combination of both standing and sitting, and this would be considered an acceptable way of dressing and undressing

wilko

Hello, the PIP regulations regarding the descriptors are laid down in the PIP regulations law and there is no movement either way. When cases go to tribunal level each descriptor is broken down and looked at each separate part. Can you do A, B, C, no I cannot the panel then ask if you used item E, to help you, could you manage now, yes I could maybe.,this is what happens at tribunal’s it not all black and white but shades of grey.

LeeA380

calcotti said:

Seems reasonable to me to say that most dressing and undressing can be done while seated and therefore only limited standing is required. From the guide

in many cases a claimant will be able to dress or undress either sitting down, standing up, or through a combination of both standing and sitting, and this would be considered an acceptable way of dressing and undressing

I have been using a sock hook aid for my left leg since April (before that I was just struggling in pain to put socks on). However, I am not really in a position to "prove" this - I bought it from Amazon, and I do not really have any face-to-face GP appointments these days because of the pandemic. 

I will mention it in my MR though. I could be lucky.