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ADVICE NEEDED PIP
- generalm
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9 years 11 months ago #135989 by generalm
ADVICE NEEDED PIP was created by generalm
I hope you can advise me.
Following MR i was awarded Enhanced Mobility, however, i only got 6 for the Care / Daily Living part.
However, i do feel that for cooking i should have got 4 points instead of 2 and my doctor has said in his letter that i cannot do cooking due to my OA in knees ( which would actually be 8 points for cooking itself) .
So my question is what can i do ?
Can i try with the Tribunal and hope they (DWP) get back to me with the 2 extra points needed.
Also, if that doesn't happen can i pull out from the tribunal at any time before the hearing ?
Hope it makes sense.
Thanks
Following MR i was awarded Enhanced Mobility, however, i only got 6 for the Care / Daily Living part.
However, i do feel that for cooking i should have got 4 points instead of 2 and my doctor has said in his letter that i cannot do cooking due to my OA in knees ( which would actually be 8 points for cooking itself) .
So my question is what can i do ?
Can i try with the Tribunal and hope they (DWP) get back to me with the 2 extra points needed.
Also, if that doesn't happen can i pull out from the tribunal at any time before the hearing ?
Hope it makes sense.
Thanks
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- Gordon
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9 years 11 months ago - 9 years 11 months ago #135996 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ADVICE NEEDED PIP
General
If you have scored two points the it is either because you have been assessed as either
To score higher you need to show that you need
I think that meeting either of the Descriptors due to problems with your legs will be a struggle at the very least you will need to tackle the argument of why you cannot sit while preparing and cooking the meal.
Gordon
If you have scored two points the it is either because you have been assessed as either
orb. Needs to use an aid or appliance to be able to either prepare or cook a simple meal.
orc. Cannot cook a simple meal using a conventional cooker but is able to do so using a
microwave.
d. Needs prompting to be able to either prepare or cook a simple meal.
To score higher you need to show that you need
ore. Needs supervision or assistance to either prepare or cook a simple meal.
f. Cannot prepare and cook food.
I think that meeting either of the Descriptors due to problems with your legs will be a struggle at the very least you will need to tackle the argument of why you cannot sit while preparing and cooking the meal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 11 months ago by Gordon.
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- generalm
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9 years 11 months ago #136011 by generalm
Replied by generalm on topic ADVICE NEEDED PIP
Thanks Gordon.
The problem is i cannot sit for too long ( no more than a few minutes) and i have to stand up and then whilst standing have pain after a little while too. So, i would certainly need help/ assistance from my wife.
Also there have been many days where i would be stuck in bed/ settee for a few days not being able to walk about and if i did not have the meal cooked id struggle.
Also, could you pull out before the Tribunal and retain what you have already or not ?
thanks
The problem is i cannot sit for too long ( no more than a few minutes) and i have to stand up and then whilst standing have pain after a little while too. So, i would certainly need help/ assistance from my wife.
Also there have been many days where i would be stuck in bed/ settee for a few days not being able to walk about and if i did not have the meal cooked id struggle.
Also, could you pull out before the Tribunal and retain what you have already or not ?
thanks
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- Gordon
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9 years 11 months ago #136026 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ADVICE NEEDED PIP
General
You'll need to show that for the majority of days you cannot reliably prepare or cook a meal without assistance.
You can withdraw an appeal at any time up to and including the day of the hearing, in practice this only applies to Oral hearing where you will be notified of the when the hearing will be, for Paper hearings it would at best be one month from the date on the letter accompanying the DWP submission.
If you go ahead with a hearing then the Judge is required to warn you if your existing award is in danger of being reduced or removed.
Gordon
You'll need to show that for the majority of days you cannot reliably prepare or cook a meal without assistance.
You can withdraw an appeal at any time up to and including the day of the hearing, in practice this only applies to Oral hearing where you will be notified of the when the hearing will be, for Paper hearings it would at best be one month from the date on the letter accompanying the DWP submission.
If you go ahead with a hearing then the Judge is required to warn you if your existing award is in danger of being reduced or removed.
Gordon
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- generalm
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9 years 11 months ago #136062 by generalm
Replied by generalm on topic ADVICE NEEDED PIP
Thanks Gordon
So if you apply to tribunal is it also possible whilst a date is being arranged DWP could write back to me to upgrade it to 8 points for Daily Living from 6 points.
regards
So if you apply to tribunal is it also possible whilst a date is being arranged DWP could write back to me to upgrade it to 8 points for Daily Living from 6 points.
regards
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9 years 11 months ago #136077 by Gordon
It does happen but only occasionally and most often in the day or two before the hearing, I certainly would not bank on it happening.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ADVICE NEEDED PIP
generalm wrote: Thanks Gordon
So if you apply to tribunal is it also possible whilst a date is being arranged DWP could write back to me to upgrade it to 8 points for Daily Living from 6 points.
regards
It does happen but only occasionally and most often in the day or two before the hearing, I certainly would not bank on it happening.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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