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"could"s and "should"s...the DM is arguing from generalities, and the decision-making on individual cases should relate to the particulars of the case. i'd advise to discuss the OT and specific help situations with client and get thoroughly briefed on the particular circumstances applying in her case, and argue from there. i'm pretty sure there is case law saying that cases should be decided on their individual merits - i'm at home and don't have it off the top off my head - maybe someone can chip in? also watch out for the 'obviating need' argument the DM is using.
belt and braces doesn't hurt, though,,, : )
you have me wondering if there's some medical guidance issued to tribunals in the area of assisting mobilisation - i've a vague recollection of this cropping up somewhere recently, possibly at a hearing, and i think it was in connection with pain - the inference being that being helped to rise from sitting would increase the pain???
has the DM received general advice from medical services? maybe this is a latest thing, but i'd bet it is not that straightforward -
the other christmas i became care assistant for the day to my friend's Aunty Kitty, who had suffered a stroke and a broken hip, and i can definitely say that particular skills are needed to assist in this area (not that i had them, but for some reason she had confidence in me, and we managed after a fashion). grab rails could not have helped her. care assistants get training in this sort of thing. families manage...and claimant's live on the real world not an ideal world.
hope this helps.
jan
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