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An Update On ‘When Is A Toilet Aid Not A Toilet Aid?’

November 4, 2016

Do you remember this case, readers? We’ve had an update from the claimant:

In May I received the decision for my new claim, not eligible but awarding me 6 points for daily living & 4 points for mobility. I submitted a request for a mandatory reconsideration of this claim, on 1 main point, toileting needs. As although I self catheterise up to 10x a day I had 0 points for toileting needs. This  mandatory reconsideration was a total farce! After a wait of over 3 months I eventually got the brown envelope, however it contained a copy of the reconsideration that they had already performed in march, on my now closed claim. It caused me alot of stress & upset as at first reading I did not instantly realse the mistake & thought they had reassessed the active claim to 0 points. Luckily my son noticed the error & the DWP eventually agreed to reconsider the active claim. They still refused to change my toileting needs descriptor, despite the fact I was already aware at this point that a memo had been sent internally stating catheters & stoma’s were to be considered toileting aids.

I initiated a tribunal. Last week the evidence bundle & DWP’s reply arrived. The DWP had proposed a change of descriptor for toileting needs from A to B thus giving me the 2 points I required for standard rate daily living. As I was wading through the 209 page bundle (which I soon almost halved by removing the irrelevant paperwork that the dwp had inexplicably  included pertaining to my initial closed claim) & was preparing my reply requesting the tribunal to make a direction to reflect the DWPs descriptor change. Yesterdays post arrived ,a brown envelope, normally something I dread but within it was the result of my paper tribunal decided in my favour! 

My claim has taken 13 months from beginning to the correct decision. My message Do not give up, no matter what tactics they try to use to stall, delay or confuse with irrelevant paperwork. 

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7 Comments leave one →
  1. November 4, 2016 2:02 pm

    Reblogged this on sdbast.

  2. jeffrey davies permalink
    November 4, 2016 5:11 pm

    well done dont give fight this injustice till one wins

  3. November 4, 2016 5:42 pm

    Tweeted @melissacade68

  4. November 4, 2016 5:43 pm

    Reblogged this on disabledsingleparent.

  5. November 5, 2016 6:01 pm

    Reblogged this on campertess.

  6. Justin Greenwood permalink
    November 6, 2016 12:51 pm

    well done , i also appealed and went to tribunal as well, I have started rounds one of the complaints procedure against the assessor and am going through there procedure to nmc for a striking of hearing for failing to carry out a proper medical, failing to believe in a medical condition and making a inconclusive and unprofessional comment which made me believe they were not qualified and of which i later had a condition attack in dwp due to him and the decision makers error of judgement, the more complaints go in, the more costly it gets and the higher a chance of getting the unfit clowns struck of

  7. Yvonne Roberts permalink
    November 7, 2016 9:35 am

    Please if you can go for an oral hearing tribunal. Paper tribunals are not always as successful as oral hearings. These assessments are not medicals! They’re assessments as to how your disability/illness affects you!

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