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Deffinitions of resonably required etc?
- Jox
- Topic Author
13 years 5 months ago #59425 by Jox
Deffinitions of resonably required etc? was created by Jox
This has just become apparent to me while going through all of my paperwork
The DWP state that medical evidence shows i should be able to manage most of my self care needs. thats the only reason they give in their submission
Can anybody give me some facts of law here
Am i correct in thinking the criteria is not weather you can "manage most of your self care needs" but weather you have difficulties and or pain doing them that counts? i was told that you don't have to receive any help at all there are plenty of disabled people who do "manage most of their self care needs" but they are reasonably required help?
This report they refer to that they claim says i can manage most of my self care needs also says the following
:Is able to manage stairs but with pain
: sleeps poorly due to pain
: bending down to put on socks and shoes usaly laces a problem
: Always finds it difficult to bath due to bending problems
: usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.
: Appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair
: Had some difficulty rising from sitting in an upright chair but did not need physical assistance
: Gait observed limping and found this consistent
: Client can only sleep on right hip so will be in pain a couple of times during the night
Am i seriously missing something here? the evidence they are trying to use against me clearly shows i have difficulties and pain with various self care needs?
The evidence does indicate i could manage self care but it clearly states i have difficulties while doing so and even pain
Seriously am i missing something?
The DWP state that medical evidence shows i should be able to manage most of my self care needs. thats the only reason they give in their submission
Can anybody give me some facts of law here
Am i correct in thinking the criteria is not weather you can "manage most of your self care needs" but weather you have difficulties and or pain doing them that counts? i was told that you don't have to receive any help at all there are plenty of disabled people who do "manage most of their self care needs" but they are reasonably required help?
This report they refer to that they claim says i can manage most of my self care needs also says the following
:Is able to manage stairs but with pain
: sleeps poorly due to pain
: bending down to put on socks and shoes usaly laces a problem
: Always finds it difficult to bath due to bending problems
: usually finds it difficult to dress bottom half socks shoes trousers due to bending problem.
: Appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair
: Had some difficulty rising from sitting in an upright chair but did not need physical assistance
: Gait observed limping and found this consistent
: Client can only sleep on right hip so will be in pain a couple of times during the night
Am i seriously missing something here? the evidence they are trying to use against me clearly shows i have difficulties and pain with various self care needs?
The evidence does indicate i could manage self care but it clearly states i have difficulties while doing so and even pain
Seriously am i missing something?
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- pata1
13 years 5 months ago #59429 by pata1
Replied by pata1 on topic Re:Deffinitions of resonably required etc?
Hi Jox,
The term 'reasonably required' is used to describe the care needs of a claimant applying for DLA care component. The term is self-explanatory, i.e. reasonable taking into account all needs, has to reasonable.
If the term 'medically required' was used this would prevent someone who lived on their own from applying for DLA care because they were not actually receiving any care, so the legislation states 'reasonably required' which means that care component can be given, even if the claimant doesn't actually receive care but reasonably requires it.
Not a very good explanation I'm afraid, but I'm feeling very tired, so just attempted to answer your query before logging off for the day.
Good luck.
Pat
The term 'reasonably required' is used to describe the care needs of a claimant applying for DLA care component. The term is self-explanatory, i.e. reasonable taking into account all needs, has to reasonable.
If the term 'medically required' was used this would prevent someone who lived on their own from applying for DLA care because they were not actually receiving any care, so the legislation states 'reasonably required' which means that care component can be given, even if the claimant doesn't actually receive care but reasonably requires it.
Not a very good explanation I'm afraid, but I'm feeling very tired, so just attempted to answer your query before logging off for the day.
Good luck.
Pat
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