PIP claim /DLA renewal

[fletch70]

So 4 1/2 months (nearly 5) after the hearing I finally get the written statement of reasons

 

If i were cynical I would think the Judge was trying to wear me down and hope I would let it drop

 

Anyway there is no mention in the SOR as to why he ignored the directions of the first judge who ordered the DWP to attend and that i provide equipment to listen to my recording.

 

I do think he has fudged the facts on the recieving help and therapy as 1) he admits that i qualify for the either and the or for 1pt but claims that doesn't qualify as 2pts. Also because we sort my medication every three weeks or so ( I have 3 weeks of boxes which we set up together) he seems to think that does not allow the extra point either.

 

Finally, and this was an untruth- he says that i said i did not cook because i did not have time due to my studying commitments. This was not true as my partner cooks for me ever night as it really stressess me.

 

I think I now have 3 weeks to either ask for leave to appeal to the UtT or to have the judgement set aside

 

is it one of the other or can i ask for the judgement to be set aside and if I fail then ask for leave to appeal ?

 

I appreciate that if the judgement is not set aside it is unlikley that an appeal will work but as my studies are now over ( almost) for the year and i have time to go through the paperwork with a fine tooth comb - now is the time

 

Any thoughts or feedback/advice would be welcome

 

I am seeing the Students Union tomorrow to see where we go

[Nystagmite]

Also because we sort my medication every three weeks or so ( I have 3 weeks of boxes which we set up together) he seems to think that does not allow the extra point either.

 

Does someone have to help you sort out your medication at least 50% of the time for you? That's what PIP is based on. If you need the help half the time, you qualify. I was told by DIAC that it's at least 4 days a week. But if you look at some of the criteria, there are some things that don't need to be done everyday. (so, you probably don't need to make a complex budgeting decision everyday; but you need to eat everyday) But in my case, when I do these tasks, I need help at least 50% of the time. Therefore, I qualify for PIP.

 

That one point is also for people who have a health condition which needs help with monitoring. IIRC, you're diabetic? Can you tell if you're having problems? Or does your partner have to look out for signs that you're becoming ill?

[fletch70]

Hi

I have a technical query on a pip appeal.

 

pip decision made late 2015 with mandatory reconsideration early 2016. Appeal heard finally Dec 2016 but statement of reasons just provided.

 

At the time of the original decision there was an upper tier ruling that stated the quality of food and drink was relevant to taking nutrition I.e bread and water would have scored you points, however in between that and the appeal there was a further upper tier ruling which said the type of nutrition was irrelevant.

 

As the appeal is based based on the facts at the time of the decision which ruling should they use?

[fletch70]

Hi

My diabetes is generally well controlled with metformin however my partner frequently does remind me that some foods are loaded with sugar so it does vary. I am now looking for errors in law

 

I must admit that without the alarm clock on my phone I would forget to take my mid day medication on a daily basis

 

My problem is that they saw me as an articulate person who is doing a degree ergo my claims were false I.e if I can study my memory must be good

 

It's kinda frustrating - this is why I study full time with no job-unlike many students and no social life because I spend all day every day working. I.e it takes me, I think at least twice as long as someone else to write an essay. I know people who can write an essay in 24 hours, I struggle in 24 days. I also have a lot of support from DSA and a dyslexia tutor to achieve the results I do . O they do not write my essays for me but they spot the grammatical errors I miss or when it just does not make sense.

 

My biggest trouble is making any argument flow - hell I even sent two MR requests , god knows how or why .

 

Lots to trawl through before the end of the month. Luckily I have a week when I can concentrate just on that

[mikeymack2002]

Does someone have to help you sort out your medication at least 50% of the time for you? That's what PIP is based on. If you need the help half the time, you qualify. I was told by DIAC that it's at least 4 days a week. But if you look at some of the criteria, there are some things that don't need to be done everyday. (so, you probably don't need to make a complex budgeting decision everyday; but you need to eat everyday) But in my case, when I do these tasks, I need help at least 50% of the time. Therefore, I qualify for PIP.

 

That one point is also for people who have a health condition which needs help with monitoring. IIRC, you're diabetic? Can you tell if you're having problems? Or does your partner have to look out for signs that you're becoming ill?

 

 

There is an added bonus here for the claimant, let me explain.

 

 

1. If the claimant has medication a self medicates FULLY then this is no issue they can do it.

2. If the claimant self medicates AND is reminded to take the meds this is called assistance.

3. As above PLUS if the claimant HAS their medication blister packed the you are assisted more than once a day (or more in some cases)

Aids can include alarms or reminders of any sort!

4. Assistance does not mean 'present' either, blister packs ARE assistance by their nature.

5. Being diabetic also means the GP can and often does stop allowing the patient to stop monitoring their blood sugar levels daily and do it at the surgery/Hospital. Again this is assistance....

 

 

I have recently pulled apart an appeal by a professional advisor that would have seen the claim disallowed, but in this case the appeal was successful using my method and backdated over a significant amount of time....

[mikeymack2002]

Hi fletch have you got any links to the cases you state? It's all about the wording and individual cases, nutrient can be a raw egg or fish too, both are meals but not substantial either.

 

 

Decisions held at a higher Court tend to be the better BTW.... (mostly) but if the case is newer then they can still use that...

 

 

Given taking nutrient you have the replacement meals (liquid) to consider as well! .....

[fletch70]

Mikey

 

I am sorry but i am a bit confused

 

I am currently writing a letter of appeal against the FtT decision

 

Situation is

I have receive my medication in normal packs and then transfer them into the weekly pill box- you know the type, 7 days each with 4 compartments. This is what I get the help with

 

I then use my phone to set an alarm

 

I take my pills in effect 3 times a day - morning, lunch time and about an hour before bed however I should take various pills at different times

e.g Some with food, some before food some after food etc

 

I do not do this because it is too complicated , as it is I forget , even with the alarm when I should take my pills

 

The tribunal accepted that I qualify for 3 (b) i and 3 (b) ii but said this did not mean that I qualified for 3 ©

 

They have also got several facts wrong in the statement of reasons

They claim I have completed 4 years in Higher education however at the time of assessment I had completed 1, at the time of appeal 2 and now I am coming to the end of 3

It seems that they are holding my academic 'ability' against me and saying I have levels of concentration etc which means I can do

 

I am more than happy to post up the statement of reasons if that would help me or anyone else

 

I also understand that in March 2017 there was a change in law on what medication and assistance was but my assessment was 2015 and appeal Dec 2016 although the decision did not come through until may 2017

[fletch70]

Hi Mikey

 

I will provide some links - see what you think

http://pipinfo.net/activities/taking-nutrition

 

 

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4666

 

http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/view.aspx?id=4999

 

I really am open to any opinions and help . I am currently disputing 3 areas that if all upheld would give me another 5 points however if I am honest I do not think that would be right. I would be more than happy with 1 point.

 

If I am also honest, we are talking about how I was in Nov 2015, if I were re assessed now the decision would in all likelihood be considerably lower as I am a great deal better.

[mikeymack2002]

The quick and simple answer to your situation is to complete and submit a change of circumstances, give details of your new issues and then see what they say.

 

 

The DWP then have to reassess your criteria for your benefit, again if you disagree with the decision you can start the process again and appeal, you can also include the errors of fact given in previous appeals and the like.

 

 

An example of what I mean is already contained in what you have said above, given you transfer your issued meds to your own packs means you struggle to make sure you take the correct medication at the correct time and with the correct foods or not.

 

 

It would help to see the decision but you will need to depersonalize it before posting.

 

 

Secondly did you scan your PiP application to your hard drive as a backup? The reason for this is obvious as you can revisit it at anytime, if not you must do this from now on.

 

 

The education statement is really a non starter and can be sorted with a simple correction letter with proof this will assist you more.. I have a few more questions to ask but will wait to read your response.

 

 

Mike

[mikeymack2002]

Given your appeal is now quite old, is it still current? Have you made any changes in your circumstances on any part of your claim thus far or since you initial appeal?

[mikeymack2002]

Starting at link one, I am aware of this case and used it to my advantage in a recent successful appeal for a claimant, I remember this one well because the appellant was initialised as MM (my initials) Can you please list the issues you are trying to resolve in more detail?

[fletch70]

Hi Mikey

 

I am appealing three areas

1) Preparing food

I have a problem with concentration and organisation. The vast majority of food I eat is either pre bought or prepared by my partner, I explained to the Tribunal I frequently put pans on the cooker and letthem burn dry , it was suggested i should sit on a chair in the kitchen but there isn't one so i don't and any chair i have would not fit.

 

2) taking nutrition

I said that without prompting I would exist on snacks or convenience food that was heated in a microwave or bought. I could however cook beans on toast ( in a microwave and toaster so they wouldn't burn). The HCP said this was all they needed - I could eat , it didn't matter what.

 

3) medication and therapy

I provided a list of medication which I place in a dosette box, I also use an alarm clock on my phone to prompt me and my partner helped me to sort my medication out

I also attended specific gambling associated therapy bot on a one to one and in a group session. This was continuous at the time of claim through to appeal although had stopped by the time of the hearing

 

After MR and at appeal I maintained 7 points-

1 for medication

2 for managing budgeting decisions

2 for IBS related problems

2 for understanding complex written information.

[fletch70]

Hi Mike

 

Are you suggesting I make a new claim?

 

This seems to be what others have suggested and i am more than happy to do that

 

I am currently trying to upload the MR and the Tribunal statement of reasonsStatement_of_Reasons (EDIT).pdf

M.R. Decision Edit.pdf

[fletch70]

Oh

 

Just for the record i do have the original application form, I also have all the details based on what they sent back for the appeal.

[Nystagmite]

3. As above PLUS if the claimant HAS their medication blister packed the you are assisted more than once a day (or more in some cases)

Aids can include alarms or reminders of any sort!

4. Assistance does not mean 'present' either, blister packs ARE assistance by their nature.

 

Interesting. I originally scored 0 points on this, despite only being able to use blister packs and not the childproof bottles and using an alarm. (also would mean I wouldn't lose my point now that I've changed asthma inhalers and now don't require a spacer)

[mikeymack2002]

Your second PDF needs further redacting as personal information is visible, please re-read and remove this information to protect your real life identity.... And that of your friend...

[mikeymack2002]

These are at the top of page 3 and at paragraph 5 page 1 and page 2 para. 13 line 3

finally page 5 at 24 line 3

[mikeymack2002]

Rather than make a new claim have you considered a change of circumstances' with better prepared reports from those that care or guide you, this includes GPs Hospital Consultants and the like? The more information the better.

 

 

Finally have a read here and let me know what you think >> http://www.advicenow.org.uk/guides/how-win-pip-appeal

[fletch70]

Statement of Reasons Edit.pdf

 

Thanks

 

This should be better

[honeybee13]

fletch, I've unapproved the post with the attachments that contain personal information.

 

HB

[fletch70]

Hi Mike

 

I didn't know I could apply for a change of circumstances at this point, I thought it would need to be a new claim - or win the appeal

 

I am going to have to find out more about it.

 

What has really confused the issue is there was a previous claim and the HCP used those documents as well and there had been a change in between

 

The whole thing is enough to drive you mad

 

On top of it all my Drs are some what new right - they missed so much off my medical records, or at least that is how it seemed

[honeybee13]

Another post and attachment unapproved, you've left your name in. Mikeymack is looking after you.

 

HB

[mikeymack2002]

Fletch have you considered a SAR to the Health service? Its by a long way the best way to get all of your information. Due to unforeseen circumstances (hack) it may take a little longer.

 

 

To give you an idea, the advisor that tried to appeal in a case recently had all the information but had laid out the appeal totally different to what would have worked, I advised on that one and the appeal was won. Trust me my friend it is all in the details and the words and gestures' used!

 

 

These forms you fill in are designed to help you fail in getting your claim because the answers given are easy to totally misunderstand. To give you an example.

 

 

Example.

 

 

Do you need any aids to assist you to cook? No.

 

 

In my case Yes!

 

 

Why do you need an aid?

 

 

I have had a stroke and I have a weakness on the right side of my body, my grip is affected. When cooking I use a saucepan, I have to use one that has a rubberised handle so I do not burn my hands on the handle it also helps me to grasp the handle better, I have burnt my hands often in the past. It is a safer pan to use to prevent harm to myself. I am also supervised when learning to cook.

 

 

This is just one question that gives you an idea on how you can wrongly answer it. By answering No you have shut down any chance of getting the help you need. It's not about lying it's being honest and fully understanding what is actually required to complete a task often and in a safe manner.

[fletch70]

Hi again Mikey and thank you

 

As you can see my skills at picking up words and errors are really not that good.

 

The problem at the moment is time is against me. The Judge took 4 months to complete the statement of reasons and at this point I now have two weeks to get my request for an appeal to the UtT in.

 

I believe the judge is a solicitor in Leicester and although I can find the name of the practice with an alleged website, the website does not load and when I put his name into the SRA website I get nothing.

 

He was clearly biased as he said ' Well I take a lot of medication at different times and i don't need any help'

 

The person I had with me is not trained in law or even benefits, she is an incredibly helpful lady who works for the Students Union.

 

I believe I have found precedent to support my case on all three points but my appeal letter is currently 3 pages long although I am using headings and 1.5 spacing

 

I will look at the edited versions of my decisions again tomorrow when my eyes are less tired and see if i can find the problems

[fletch70]

Sorry I should have said, yes I see exactky what you mean about the way you answer the questions and I did do that on the original claim form.

 

It seemed they were quite happy to accept physical ailments and my addiction problems because there were public records of them but anything that was directly MH related they didn't

 

For example , because my GP had not mentioned any side effects of any medication they assumed there were non

 

I do feel like just ripping it all up and starting again.