On Crutches - How Can I Be Expected To Cook A Meal?

[Arrods]

Currently at odds with DWP. The requirement is that you must be able independently to prepare/cook a simple meal for one using fresh ingredients (and safely). OH has been on two crutches for over a year. We have argued that she has needed my assistance to fulfil such tasks. How else is one expected to move things around the kitchen (safely) with no hands free?

Have any ABers experienced life on two crutches and managed independently to cook meals? DWP argue that they don't have to allow for carrying items around the kitchen or carrying the cooked meal to where it is to be eaten, so tough luck.

If any ABers can come up with practical and safe ideas as to cooking meals under these conditions, then we'll reluctantly concede the point, but I would welcome your views. Many thanks.

[Retrochic]

Peter -what argument does he have? That his wife can't prepare his dinner for him? I suspect thousands of retired couple are in the same or similar positions -what if it was the wife that was able bodied and the husband on crutches -would the wife still be asking for 'carers allowance' because hubby couldn't make a meal?

[trt]

## are you able bodied at home as you are retired ##

You haven't answered what Retro asked above?

[Retrochic]

trt I'm not sure now if OP is retired as he was asking about vat in connection with 'his company' in December, and another regarding his Company paying a sub-contractor in September.. Apparently his wife is on crutches because of a bad leg fracture while water skiing.

[bednobs]

it's not really relevant to the question though. it's unfortunate that you don't like the benefits system, but it is what it is and if people qualify then i don't see what's wrong with them applying (and appealing) if necessary

[Svejk]

You seem to be a trifle confused, Bednobs. Arrods is the one who doesn't like the benefits system. He's been turned down for this benefit and is now searching for grounds to challenge the decision. Of course, feel free to encourage him in this endeavour if you consider he's 'entitled' to extra money for cooking the dinner.

[mallyh]

after each hip replacement occupational therepy unit gave me a stool so i could sit at sink or worktop to prepare meals .

[Arrods]

OK - to correct some ill-informed comment. I am effectively retired - and able-bodied. I've been doing all the cooking since OH's indisposition and have been very happy to do so.

In her PIP 'Daily Living' claim, OH has been awarded 2 points for bathing, 2 points for using a loo thingy and 2 points for needs an aid to cook. As Bednobs and Furrypussycat appreciate, OH needs 8 points to qualify for the basic award. We have argued that she needs the extra 2 points for needs assistance (as distinct from needs an aid). The fact that I have done all the cooking (quite happily as I've said) is irrelevant.

If I could mark as Best Answers those from Bednobs and Furrypussycat I would do so. It's a pity one cannot award a mark for Worst Answer; there are a couple of contenders. If it's any consolation, OH will probably withdraw the appeal because we can see the Tribunal arguing that there are ways that OH could cook etc without assistance and not having to handle hot pans etc.

[trt]

## after each hip replacement occupational therepy unit gave me a stool so i could sit at sink or worktop to prepare meals .##

Me too mallyh,

Apart from the stool, I had a wheel trolley, a bath seat, a hand bracket fixed to my bed to help get in and out, and a foot type loop leash to swing my leg into bed.
They were very helpful.

[mallyh]

yes trt ,had most of those .they came to the house before op to see how i could be helped .

[trt]

Sorry Arrods, if you are at home most of the day, you shouldn't be entitled to anything else.

Its your duty as a husband to look after your wife IMHO, as there are so many people on their own who don't get that extra help.

[trt]

## yes trt ,had most of those .they came to the house before op to see how i could be helped .##

I agree mallyh,
There is a lot of good things that the NHS do, but unfortunately they get slagged off at times, I wonder how many Country's give this kind service, not many!

[Arrods]

Trt - I'm not asking for anything! The benefit is for OH as the law allows.

[Postdog]

As Arrods points out it is a benefit to which everyone is entitled if eligible, whether working or not...how much depends on how that disability affects them, so someone in a wheelchair but who is otherwise fit and able would be eligible for the motility part. That person could then put it towards a car and perhaps use that to go to work.

I am a bit puzzled though that they would consider issuing PIP when someone is recovering as was stated earlier....I thought part of being eligible was the fact that recovery wasn't likely or undetermined, whereas this sounds like it might be temporary.

[Arrods]

PIP isn't payable if you make a claim after age 65 (I think) but continues if you were previously on Disability Living Allowance, assuming the disability continues.

Under PIP, for new claims the disability has to have existed for three months and must be expected to continue for a further nine months I.e. one year minimum. OH has easily exceeded this.

[bednobs]

i think perhaps the title is misleading, and i'm sure arrods means how can she be expected to cook a meal, not how can i be expected

[Arrods]

You're right Bednobs. I started the threat as if it was OH speaking and changed to first person, causing some confusion.

[furrypusscat]

Thank you Arrods for your comment. Does OH receive the mobility part as I am sure you will have been told that a Tribunal can look at the whole award which may risk her losing the mobility if she has it. Once she reaches 65 she would have to apply for Attendance Allowance which as you are aware does not have a mobility part so if she does have it then she may be better off leaving well alone and asking for a change of circumstances if her health worsens then if awarded she would remain on PIP while ever she qualified. Other than that, you could both look through the decision again assuming you have a copy of the decision maker's report and see if there is anything else that she may get the other 2 points for, ie does she need help dressing, putting tights or shoes on, cutting toe nails. It is worth looking through the whole application again to see if you can get the extra points elsewhere.

[Arrods]

Hi Furrypussycat. Here's a bit more of the story if you can bear it! Yes, OH has been receiving a standard rate Mobility Component but this will come to an end (quite rightly) when she is more mobile, hopefully in the not too distant future.

We have already attended an Appeal Tribunal and, as well as expecting a pre-Tribunal warning that the whole of the existing award can be at risk (we were fully aware of that, but not worried because OH's current award was unquestionable) the judge said he'd seen something in the submissions to suggest that OH's current award was definitely at risk. We were gobsmacked and, encouraged by the judge, agreed to adjourn the case 'to seek some professional advice'.

We think we now know what the judge was on about. The DWP's official response to OH's appeal records that her PIP claim wasn't submitted until August 2014 and therefore she shouldn't have been receiving an award that went back to August 2013. In fact, OH's claim was submitted in August 2013. Indeed, not only is the date correctly recorded in various other sections of the paperwork, but OH's ATOS assessment was carried out in June 2014 i.e. in advance of the date the claim was alleged to have been submitted! (I know that they are 'trying' to speed up the whole process but carrying out assessments before you've even submitted a claim is miraculous.)

Thanks for your suggestions Furrypussycat. We have looked at all the additional points possible but the most we could expect was an extra 1 point for needing help to get into the shower. We were hoping for the extra 2 needed on the cooking front but have now given up.

[furrypusscat]

Makes interesting reading. If present award is at risk then you are without doubt right to withdraw the appeal.

[Arrods]

I'll just say that we decided in the event to go ahead with the appeal - and won!