dla to pip scared
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@ollieconure You're not alone. They said the same about me being able to cook just using aids (a perching stool) when I had DLA for needing help with preparing food given by a tribunal in 2010. I haven't made a miraculous recovery since then. They claim the criteria is different but both benefits require the chopping/peeling/slicing to be done the same way and the risk of harm is the same. I know it doesn't help saying you're not alone but the only thing you can do is exactly what you're doing to tell them they're wrong. Are you doing a Mandatory Reconsideration? If so try and get more evidence if you can and write all that you told them on the phone but have a look at the PIP descriptors for all the activities, not just cooking, and make sure you aren't risking losing what you've already got. Send a strong argument to have the one's you don't agree with changed and remember you can carry on doing that even if they reject your MR right up to going to appeal they can still change your points. You can book a call back from a case worker anytime to talk to them again right up to going to appeal this will keep your claim open and being assessed. Good Luck.
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hi wildlife i rang them on friday and explained this about the cooking so they said a case worker would ring me on monday which she did she asked what i thought was wrong and i told her about the cooker because on my decision letter assessor says she cannot give me points on not been able to bend?so i told the case worker this and she just said.if i get the doctor to write in his or her own words how someone with arthritis in both knees and right arm how safe they thought it would be but it had to be in doctors own words, not what i tell him i cannot do.
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BenefitsTrainingCo Can you help here please. @ollieconure I really feel for you it's like bashing your head against a brick wall. My Doctor told me that DWP had been told by the government to believe what claimants tell them to save the Doctors having to write so many letters. They have far more urgent things to do with their time than writing benefit letters. I'm sorry I don't know the answer. Hopefully someone will try to help on here soon...
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thanks
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Hi ollieconure
If you think the decision is wrong you should ask for a mandatory reconsideration which you must usually do within a month of the date on the decision letter. The Disability Rights UK factsheet here gives some helpful advice on how to do this, it's page 27. Many people have to continue with a further appeal and this is described from page 29.
You should have a good look at the assessment criteria starting on page 32 as well as the reliably criteria on page 6 of the factsheet above.
If you have some cooking ability whilst using aids but there are things you cannot do such as moving hot pans because it is not safe then it may be that you qualify for four points under activity 1E. If it is not safe for you to do any cooking then it may be 1F 8 points.
Case law has established that the effects of pain should be considered when considering the distance someone can walk to an "acceptable standard" (under the reliably criteria). The reference for this is CPIP/665/2016 which you can see in full here. And so if you experience considerable pain when walking this needs to be explained very clearly.
David
The Benefits Training Co: -
thank you david
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