Hi, my name is adarroch! PIP tribunal denied

adarroch

I have epilepsy, anxiety and depression. I was denied PIP and got to a tribunal. Denied again and am just confused and frustrated why this system awards people that seemingly don't need it, yet penalises people with serious conditions that are misunderstood. My honest opinion, it was denied because I work.

JBS2022

PIP is not awarded based on a diagnosis, but on how your condition affects your ability to do daily activities. It is also a point based system that gives those points on whether you match the relevant descriptors. PIP is not a "fitness to work" benefit and many people who claim it do work, so it's unlikely that was the reason for your refusal. There are lots of invisible conditions which may make it appear that they  "seemingly don't need it" when in fact they obviously do if they are being paid PIP. 

Unless circumstances have changed it is unlikely that you will be successful on a new application but
If you decide to make a fresh claim for PIP you wil need to give at least 2 examples of each relevant descriptors that applies to you,  and what happens when you attempt each relevant activity. It's absolutely vital that the form is filled in correctly and is consistent if you have friends and family that can give examples of the difficulties you have and include them in the form that is extremely helpful, as they see things that you don't.

https://www.advicenow.org.uk/know-hows/personal-independence-payment-pip-activities-descriptors-and-points

Hannah_Alumni

Hello @adarroch I'm so sorry you have been feeling so frustrated by the process. I just want to check, in and ask, do you have good support around you? 

adarroch

Thanks both. Yes I'm lucky to have good support around me. I suppose the decision was probably correct in the eyes of the law/rules. But it does seem completely unfair when you have a variable condition. At night I can't do anything for 10 minutes or more if a seizure wakes. But PIP does not include evenings and fails to consider variable conditions. Oh well :-(

adarroch

Wake me* also failed to mention, the only reason I'm saying it must because I work is due to the fact the DWP locked onto this as part of the appeal. It was also one of the reasons it was denied by the Decision Maker and MR. The tribunal mentioned it half a dozen times and were more focused on this than how my condition affects me. For example, I struggle to engage with other people - their response "well that can't be true you work" they also said the same about dressing etc.

chiarieds

Hi @adarroch - with PIP a variable/fluctuating condition should be taken into consideration, as it's how you are the majority of days. There's a bit of an exception with epilepsy, as it may depend on the severity of your epilepsy, & any subsequent harmful consequences, so the 50% rule of needing to be affected by your disability the majority of the time may not apply. However, as you rightly say, PIP doesn't take into account how you are at night.

If you don't mind me asking, how does, if it does, your epilepsy affect you during the day?

adarroch

During the day I'm like a zombie. I never get a deep sleep due to dozens of seizures waking me up. Plus the sleepy side effects epilepsy and SSRI medication i take. I also suffer from memory loss when I first wake up and so have a diary to remind me what I've got to do in the morning, what day it is etc. I write a note to myself knowing I'll be clueless as and when seizures wake me. Once I got dressed for work on a Saturday when i dont work weekends (I was confused what day it was). I also went hunting for my en suite forgetting it was demolished to make way for a loft conversion. I'm lucky I don't have any when awake, but they do affect me indirectly 24/7 which was the basis of my PIP application. It just seems its still not enough unlike DLA. Thanks for your reply.