Pip review

bobwilliams65

Hi all my name is Bob,  I suffer with non epileptic attack disorder, I started having these after a accident a few years ago. Before then I was working in a job that I liked, but after the accident my life changed in more ways than one. To look at me you wouldn't think that I had a disability. There are two types that I have a absence seizure with no warning at all, & a full seizure where I have a warning. So after filling in the renewal form and having a phone call from Cappita, the lady asked me questions which I answered honestly. I couldn't believe it when the letter came through to say I'm not entitled to pip. To go from 9 points daily living to 0, & 12 points mobility to 0, was unbelievable. In the report it stated that I was on my own when I took the phone call, this was not the case as my partner was with me, why lie I often say. 

I'm currently in the process of going through a reconsideration, I have attached a letter from the hospital saying that I'm on the waiting list for an appointment with neurology and what I suffer with & also the letter from HM Courts and tribunal service said when I had to appeal in 2018 (not sure if this will make any difference). If they don't change their minds I'm really considering dropping the case as I don't think I can go through another tribunal again bringing up what has gone on with my life since the accident. If any of you got advice on this matter it would be very much appreciated, thanks

bobwilliams65

Thanks for your advice 

chiarieds

Altho this relates to epilepsy, as you sometimes have no warning about your non epileptic attacks, the following may be relevant:

With epilepsy, it can depend on the severity of the problems you have even if they occur less than 50% of the time (at variance with most disabilities). I'll copy & paste some info I have from the Benefits & Work Guide June 2018, which is relevant as regards safety, & the change to case law in 2017:
'Safety and supervision
Until now, the DWP have argued that a claimant can only score points for being unsafe if harm is likely to occur on more than 50% of the occasions on which they attempt an activity.
So a claimant with epilepsy who has seizures twice a week would not get points for needing supervision when cooking. This is because they could not show that it is ‘more likely than not’ that they will have a seizure on any given occasion when they prepare food.
However, on 9th March 2017, in CPIP/1599/2016 a panel of Upper Tribunal judges held that the DWP were wrong.
Instead, they said, the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion.
So, if there is a real possibility that a claimant with epilepsy might have a seizure whilst cooking then they reasonably require supervision for this activity, even though the chances of a seizure happening on any specific occasion may be quite small.
They should score points for needing supervision even if they don’t actually have anyone to provide it.
But the Upper Tribunal went even further than this.
They ruled that where a claimant is at risk all the time, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of harm.
So, a claimant may not be at any additional risk of harm if they have a seizure when using the toilet or taking medication, for example. But, because they are at risk whatever they are doing, then we would argue that they still reasonably require supervision during these activities, because they cannot do them safely without supervision.'''

bobwilliams65

Thanks for your input into this much appreciated 

bobwilliams65

Had some disappointing news today on the phone, the reconsideration was turned down, the letter is on way telling me this. To say I'm disappointed is an understatement. So I'm going to appeal, has anyone got any idea how long that will take ?  

poppy123456

It's not unusal for the MR decision not to change because only about 23% of them do. Waiting times for hearings can be quite long and some are waiting as long as 1 year.

bobwilliams65

Thanks for reply 

jamieboy1985

If you can wash , cook , walk then they will say no unfortunately. I got rejected 3 years ago even tho I'm was bad with 3 herniated discs . Loads of problems . Last year I have fibromyalgia and can hardly walk, nor use my arms ect . Today I got awarded pip as I'm bad and can't do hardly a thing now at 38!

bobwilliams65

I went to tribunal a few years ago and got awarded standard daily living and enhanced mobility, due to my non epileptic seizures, if anything things have got worse for me unfortunately. But thanks for your input.

poppy123456

jamieboy1985 said:

If you can wash , cook , walk then they will say no unfortunately.

That's not correct. There's lots of people that can do all of those and are awarded PIP.

bobwilliams65

Totally agree with you Poppy. I can cook, wash, and walk but when I have a absence seizure or full one I can't do nothing, as I'm very confused when I come back around.

bobwilliams65

woodbine said:

@bobwilliams65 good evening and a warm welcome to scope, please remember with PIP it's not about the illness or condition you have but the care and or mobility issues all I can say is that if the MR fails you really should appeal.

Thanks for your advice I'm Def going to appeal 

jamieboy1985

Of course but is a small % 

poppy123456

jamieboy1985 said:

Of course but is a small % 

That's nonsense.

jamieboy1985

I failed once coz I could wash , walk and cook so it's definitely not nonsense thank you! I got given 0 points on all . The fact I could is why I failed 1st time . Not the same for everyone but its the system ain't equal ill say that  

nasturtium

Hello Jamieboy1985

jamieboy1985 said:

I failed once coz I could wash , walk and cook so it's definitely not nonsense thank you! I got given 0 points on all . The fact I could is why I failed 1st time . Not the same for everyone but its the system ain't equal ill say that  

Many people with physical disabilities get PIP and can wash, prepare a simple meal, walk, dress and undress and still get a PIP award. They might not be able to do those activities Reliably (Safely, Repeatedly, in a reasonable time or to an acceptable standard https://pipinfo.net/issues/reliably) but with the help of aids or assistance they can do the activities.

PIP is about you explaining your limitations and why you cannot do the 12 PIP activities that apply to you Safely, Repeatedly, in a reasonable time or to an acceptable standard. You need to give detailed personal written anacdotal evidence on your PIP2 form explaining why it is not safe or why you cannot do the activities reliably and give detailed real life examples of what recently went wrong when you tried that activity, who witnessed it and what were the consequences.

The key to getting a PIP award is the quality of your personal written evidence on your PIP2 form and understanding the activities and the descriptors.

Nasturtium

annas

Hello everyone, 

I would like to ask as I am really worry sick about these changes from PIP to Adult Disability in Scotland. My review is in 4 months and I am starting worry as I was transferred and I don’t know how everything works here in Scotland. I hope is the same way. I have to update my conditions as I have got worse but I just worry about things what if I lose my payments or they won’t listen as I have all prove here  from the GP  neurologist  , psychologist. 

I did not want to appeal and get an enhanced living payment as I was stressed and Ill after my first assessment over the phone. 

Thank you for any help or just experienced with pIP or ADT 

poppy123456

annas said:

Hello everyone, 

I would like to ask as I am really worry sick about these changes from PIP to Adult Disability in Scotland. My review is in 4 months and I am starting worry as I was transferred and I don’t know how everything works here in Scotland. I hope is the same way. I have to update my conditions as I have got worse but I just worry about things what if I lose my payments or they won’t listen as I have all prove here  from the GP  neurologist  , psychologist. 

I did not want to appeal and get an enhanced living payment as I was stressed and Ill after my first assessment over the phone. 

Thank you for any help or just experienced with pIP or ADT 

There's been no threads at all with reviews for ADP so unfortunately, i can't give any advice on what may happen with that review. If the forms are anything like the PIP review forms then i would treat it as a new claim.