[2024] UKUT 244 (AAC)

NCN: [2024] UKUT 244 (AAC)

…struggles to get compression tights on and needs help. Is

encouraged and prompted to get dressed. Can take up to 20

minutes to fully get dressed [page 94, FtT bundle]

… every day I need help to put on my garments and I have to

use rubber gloves to get them on [page 61, FtT bundle,

appellant’s statement]

Medical evidence before the Tribunal at pp 9-11 noted that the appellant is prescribed compression stocking and an Occupational Health Report (p 111 of the bundle) stated:-

… [the appellant] was diagnosed as having Lymphedema in

August 2016. [She] told me that both [their] legs became more

swollen and tight and it was hard to walk. [The appellant]

attends a specialist clinic every 3-6 months with this condition

and has to wear special surgical stockings to help control this.

The Tribunal’s findings on the appeal are recorded in [23]-[28] of its decision as follows (sic):-

23.

The Tribunal has not had the opportunity to see the Appellant, but has spent time asking her questions and listening to the answers. The report of the HCP is based upon a Face to Face assessment, though she disputes the findings and the recommendations.

24.

The medical evidence gives information regarding the past history, and she has clearly had a problem with her legs. There are reports that the medication and the use of compression, or sugical, stockings has helped. She has been in a relationship, and had a child. She has moved to a flat of her own, albeit with only stairs to the second floor. She has continued in a full-time job, though has adjusted and slightly reduced her hours. She has help from her mother, though this relates to her having a child to look after- she says that she was managing until her daughter’s birth. None of these things disqualify her from receiving PIP, but the Tribunal has to look at her ability to

carry out the various activities at the time of decision. These are factors to consider.

25.

The starting point is her PIP2 form, which indicates that the problems are with her legs and with standing. She accepts that she can cook; she suggests depression affects her ability to eat, but there is no sign of loss of weight. She suggests that she is reminded evey day about her medication, but the evidence indicates it is effective and taken appropriately. The evidence did not support a need for reminding. Putting on stockings is not classed as therapy or medication. There is evidence about the