Can YOU wash your right arm with your right arm?
The Department accepted that Sally had no functional ability in her left arm, to the extent that she has no movement or grip on that left side. Nevertheless, they scored just 6 points, and nothing for washing & bathing.
It does seem blindingly obvious that you cannot wash your right arm with your right arm, and since this is part of the upper body, that should have scored 4 additional points.
Sally had sensibly obtained a private occupational therapy report, at a cost of about £250. I confess that I did not know that such companies existed prior to this case. It was a regular OT report, and not skewed to the PIP test, which gave it additional weight, in my view.
The occupational therapist tested the left arm for sensation, and confirmed that there was none in the lower arm.
She also confirmed that she had seen several scars on the left arm, which our submission to the tribunal explained had been caused by splashes, burns and scalds which Sally had been unaware of at the time.
All of this helped to persuade the tribunal that supervision was reasonably required when preparing and cooking a simple meal, increasing her score under this heading from 2 points to 4.
When we went into the hearing, the judge explained that the tribunal were already persuaded that standard rate daily living was appropriate, but we wanted enhanced rate, so more evidence was needed during the hearing.
I calculate that Sally's arrears should amount to approximately £5,300 for this appeal in Leicester.