esa and pip benefits

rach06 · 20 December 2014 at 5:03PM

hi im so confused and at my wits end trying to claim benefits how many point do you need to get into support group on esa. my partner has had 3 leg bypass operations due to bad circulation in his leg but now the 3rd operation has failed and had upper leg amputation. he has worked outdoors and for the same company for the last 20yrs and now he is depressed and will not go out anywhere and now unable to work are now claiming contribution esa and now on main phase and put into work related group. he is in pain most of the day and suffers badly from phantom pain. which i manage his medication as he is on controlled drugs and morphine he can not be trusted with as he would take more when the pain is at its worst and also when he is at is lowest i wouldnt trust him with it. i cant understand why he is been put in the work related group its been 2 months since his op and wheel chair bound.
also he has been awarded enhanced rate in mobility componant on personal indepentant benefit and nothing for daily living which they have stated he can manage his own medication and make a cooked meal from scratch which would be impossible and not safe to use hob to cook hot liquids such has hot water for the veg potatoes ect and wheel wheelchair with one hand to the sink they have stated he has 2 point awarded for an aid in the cooking a meal which i dont no what they mean by aid.
iv requested both benefits to be looked at again, has anybody else been in this situation?

TELLIT01 · 20 December 2014 at 5:07PM

There is no direct correlation between any level of benefit receive on a PIP claim and the group the person is assigned to on ESA. 15 points are require to be placed into either the WRAG or Support Group with the final decision on which group being with the Decision Maker.
If your partner feels he has been placed in the wrong group he needs to ask first for a Mandatory Reconsideration, given the reasons. Basically repeating what you have listed above.

nannytone_2 · 21 December 2014 at 1:53AM

to get into the support group, he needs to meet one or more of the support group descriptors.
you really need to look at them to find out which one you feel applies, and then ask for a reconsideration based on that descriptod/s.
using a wheelchair is not enough for the support group, so dont focis on this too much

fed_up_and_stressed · 21 December 2014 at 8:46AM

Does he meet this support group descriptor ? Enhanced rate PIP mobility suggests he may do to me and now in certain cases Pip decisions can be used as evidence for esa claims....

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

I would ask for his pip medical notes from his face to face and use this as the basis of a mandatory reconsideration asking to go into the support group.

northerntwo1 · 21 December 2014 at 10:05AM

The aid could be any aid. The secure tray for the wheel chair so he has both hands, a tripod he can push, a wheel chair side cart - lots of things that can aid. I'm now safe to use both legs but for several months could only use 1 leg. I was none weight bearing for a long time and at first I found it hard but gained skills and confidence every day. I used a computer chair to make meals and would propel with good foot or hand on benches. I also used it to hoover, dust, wash paintwork and washing clothes and transporting them to the clothes drier. I returned to work full time and have children so I cooked and cleaned from day 1 with only 1 leg. I did, however, need aids. These aids helped me live more independently. It's those aids that they mean.

I don't know why he was refused and can't add more to the advise I just wanted to show you examples of aids and how people use them to retain independence and where they may be coming from.

Redshirt · 21 December 2014 at 3:21PM

How is he supposed to safely take a boiling pan of veg off a cooker while sitting down? The hob would be to high to reach safely, unless you have a special size cooker, how is he supposed to reach the kettle while sitting down? Even with a tray to place a boiling pan on so he can get to the sink to drain it wouldn't help, he would have to lift the pan up to drain it which could result in spillage and getting burnt, the only way that I can see he would be able to prepare a cooked meal would be to have the whole kitchen adapted so everything is lower. I would ask for a reconsideration and I find that ridiculous

rogerblack · 21 December 2014 at 4:00PM

Redshirt wrote: »

the only way that I can see he would be able to prepare a cooked meal would be to have the whole kitchen adapted so everything is lower. I would ask for a reconsideration and I find that ridiculous

Err - no.
The point of the cooking test is _NOT_ if you can cook a meal.

It's if you could cook a meal to acceptable standards from fresh ingredients - with aids, in appropriate circumstances.

Reasonable adaptions to the kitchen are certainly taken into account.
For example - a perching stool to access stovetops, ...

Not having a suitable kitchen, only having unusually heavy pans, or ... are not relevant.

This is because the cooking test is not to test cooking and provide for costs for food if you can't.
It's a concrete example of an activity which if you have difficulty in - is likely to carry over to your entire life making it more difficult and expensive.
http://www.disabilityrightsuk.org/moyna-v-secretary-state-work-and-pensions-formerly-against-social-security-commissionerappellant2003

The House of Lords rejected this approach stating that the court of appeal was wrong to place emphasis on the fact that a person may need or prefer to cook a main meal more or less every day. The cooking test is a theoretical one, “a thought-experiment, to calibrate the severity of the disability”. The test says nothing about how often the person should be able to cook.

The test is if you can do a specific complex task with lots of real-world stuff. If you can do that with adaptions, then in principle, you may be able to do tasks requiring similar motor and mental skills with adaptions perhaps.
The task happens to be cooking.

rach06 · 10 February 2015 at 8:26PM

still waiting on pip care componant for reconsideration was phoned today and they said a dm would look at it after waiting 10 weeks to be told it could take months before i get a decision. but on the esa benefit they have moved him to support group which is great news.

kingfisherblue · 11 February 2015 at 7:50AM

If your partner cannot safely lift a kettle, have you considered a Breville One-Cup? It could be placed within reach, giving your partner some independence. My son cannot lift a kettle due to his joints being unstable. With the One-Cup, he can make a single drink and only have to lift his cup for drinking. I use a jug to fill it up.

My mum has arthritis in her hands and now uses a One-Cup. It's so much easier for her. Neither of us would be without one now. (For me, I love the speed of boiling the water, and the fact that you heat only the exact amount that you need).

Poppie68 · 11 February 2015 at 10:03AM

kingfisherblue wrote: »

If your partner cannot safely lift a kettle, have you considered a Breville One-Cup? It could be placed within reach, giving your partner some independence. My son cannot lift a kettle due to his joints being unstable. With the One-Cup, he can make a single drink and only have to lift his cup for drinking. I use a jug to fill it up.

My mum has arthritis in her hands and now uses a One-Cup. It's so much easier for her. Neither of us would be without one now. (For me, I love the speed of boiling the water, and the fact that you heat only the exact amount that you need).

Excellent advice, I am exactly the same in being unable to hold anything with a bit of weight safely and my mobility is very poor...We bought a one cup machine and it's great it at least allows me to make a cuppa on my own.

esa and pip benefits

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