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Thread: tribunal hearing

  1. #1
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    tribunal hearing

    Can anybody give me advise please I have been refused pip for daily living scoring only four point 2 for needing a aid to prepare a meal an 2 needing a aid to get dresses or undresses an 4 for mobility that I can walk up2 200m. Ihave got a tribunal hearing coming up i have severe asthma which does not responde to treatment can nebulizer be classed as aids. I really dont know what to expect at this hearing.

  2. #2
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    not the hand held inhaler sprays, but if you use a plug in electric nebulizer yes.

  3. #3
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    A nebuliser could be therapy for the "managing therapy or monitoring a health condition" activity, though will only score you any points there if you need help from another person using your nebuliser.

    If you have to use your nebuliser immediately before any of the other activities, you could argue that it is an aid for that task, though you would need to show it is more likely than not you need to use the nebuliser to be able to perform the task on a majority of days.


    More generally, it is down to you to make the case that you qualify for benefit. You may find the advice in the sticky PIP thread helpful (coloured text is a clickable link).

  4. #4
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    Hya yea it is plug in nebulizer that I have to use every four hrs plus inhalers.

  5. #5
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    Doc has gave letter saying I need help with medication, daily living and moving around going out extra. What should I expect in tribunal im realy scared I get there an my asthma is bad an I cant say everything I want to .

  6. #6
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    I think it is very unlikely a nebuliser used every four hours will count as an aid for the other activities, as there is not a close temporal association between using the nebuliser and carrying out the activity.

    An aid is something that provides specific assistance with an activity - a walking stick for "moving around", a perch stool for "preparing and cooking food", a commode or bottom wiper for "managing toilet needs or incontinence" - that sort of thing. If you could only carry out the activity immediately after using the nebuliser or whilst using the nebuliser, there is a modestly strong argument that the nebuliser is an aid for the activity in question. However, a nebuliser used every four hours appears only to be a mechanism for taking regular medication, rather than an aid specifically for one or more of the PIP activities.


    I think you might be going about this the wrong way. I would regard arguing your nebuliser is an aid as something of a far-fetched argument made more in hope than expectation - worth mentioning as something of a throw-away, but unlikely to get you any points.

    However, you give a history of severe and uncontrollable asthma, which seems likely to impinge on your ability to carry out many of the activities without help (which you merely need to need, not necessarily to have) or at all to an acceptable standard. I encourage you to "paint a picture" of the effect your medical conditions and disabilities have on your ability to perform the PIP activities, not to concentrate on trying to establish a strained interpretation of what an aid is that may well not prevail.

  7. #7
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    Oaky docs thanks alot flymo. I went for assessment an she hasnt put down half the stuff I said an things like I have normal peak flow when its only 140 an that I looked uncomfortable walking 21m an then says I could walk 200m. Will they take into account what docs letter says cause she has said I cant walk more the 50 yards.

  8. #8
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    The key thing is your explanation of the problems you face with the PIP activities as a result of your health conditions and disabilities. I would base your case around explaining these problems.

    Your doctor's statement about your walking ability has some weight, but unless that statement is made as part of a functional assessment giving a full explanation of the medical issues leading to the limitation in walking ability, it will have very little weight. In particular, few doctors know the detailed requirements of the legal tests for PIP, which limits their ability to reach an accurate conclusion for PIP purposes.


    So far as problems with the assessment report goes, it's crucial to concentrate on making the case for the award of benefit, rather than concerning yourself with attacking the faults in the assessment report. You cannot get benefit by showing the assessment report was wrong, but you can get benefit by showing that you meet the criteria for the award of benefit.

  9. #9
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    Thanks for your help take care.

  10. #10
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    Hi just thought would let u know I had tribunal today an have been awarded pip yay.

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