PIP and epilepsy

justg72

Hi nikki
Exactly the same response what I got off atos and yes I am going to complain again, they make you sick. I felt like giving like giving up, but now I have written my MR up I thought no I am going to fight! I have not got any more news, I have just copied my seizure diary and it has not printed out right, so I have to write in the bits what have been missed. All of my MR is getting sent off tomorow it would have been all completed and off if it was not for the seizure diary. More work I could do with out. I understand how you feel, I have been the same thinking is there any point as I bet it does not get me anywhere. I can see me having to take it to a tribunal. I did not have my report when I complained either so I will be doing the same as you pointing out things which was not said. Good luck with your complaint and MR.xx

nikkij83

Hi justg72 

Im still on with my MR! Oh what a hassle it is.

Received a letter from my nurse at the weekend to be sent with my MR its really good. So greatful she took the time to do it for me.

I still haven't heard back from my MP.

Have you sent your MR in now?

justg72

 Hi nikki
How are you, hope you are well. My MR was sent last Thursday recorded delivery and I have rang them today to see if they have receive it. It has been passed on to a Senior Manager to look at, however it can take up to 6 weeks to be looked at.
I would try and phone the MP again, how did you contact the MP by email or phone? That's not right they should respond. If you live near shipley you would be able to have Mr Philip Davies MP, He has been in contact with the DWP for me and I have had a letter to say my complaint is now stepped up to the next level and a manager is now looking at it. I had a lengthily chat with his wife yesterday and she was asking if I had heard anything form PIP so I passed all the information on. I then received a letter from the Houses of Common stating that the MP wants my complaint to step up to the next level. I have to now put in writing about my assessment and highlight what I do not agree with  because when I put the complaint in I have not seen the assessment report, just the same as you. Are you struggling with the MR? I think I can let people see my email address on this site, if I can you could email me and I will may be able to help by showing you an example of mine. I am glad that the Nurse has wrote you a great letter of evidence, thats just what you need to back up the evidence, this was mentioned today when I rang to see if there had received my MR. He commented on medical evidence been sent this time, as I thought they contacted your Epileptic Specialists. I did not realise that we had to send the evidence instead. This is quite new to me I had only been in receipt of PIP for 3 years before I had lost it. The other time they contacted my Nurse and got the evidence I needed for PIP. I will be in contact when I have an update or let me know if you need any help.

nikkij83

Hi justg72 

Im am struggling abit as i have loads of other things going on at the moment with work and family. Im not sure how i can view ur email?

I emailed my MP and also the one in shipley as mine hadnt replied. Your MP got back to me straight away stating not in right area as im in bd2.

I will contact my MP again just want to get MR done first then also to respond to the assessors reply to my complaint.

justg72

Hi nikki
I am BD2 and he is supporting me, so I can not understand why he won't for you!
I have released my email so see if you can see it, I don't know how to look at peoples emails but I have just ticked a box to release it. I hope your MP gets in contact with you. If you can see my email and need any help with your MR I could help you if you want as I understand how daunting.
I am just writing more to add to my complaint.

nikkij83

Got your email address thank you x

Cariad

Hello, I am applying for PIP for epilepsy due to brain tumour. I was turned down for PIP last year on the basis that my seizures don’t occur frequently enough so I do not satisfy the 5O% rule. My seizures are unpredictable, I get no warning so they can occur at any time. I feel like I am under the Sword of Damocles. My social life is ruined. I had a really bad seizure a month ago and was hospitalized. Any advice appreciated.

Ralph

I lost my care component and I was having 2-3 per week, no warning, short of the 50% rule. You may get mobility component even if you don’t get care as I received the high rate mobility component. 

poppy123456

Cariad said:

Hello, I am applying for PIP for epilepsy due to brain tumour. I was turned down for PIP last year on the basis that my seizures don’t occur frequently enough so I do not satisfy the 5O% rule. My seizures are unpredictable, I get no warning so they can occur at any time. I feel like I am under the Sword of Damocles. My social life is ruined. I had a really bad seizure a month ago and was hospitalized. Any advice appreciated.

HI,

Did you appeal that decision by first asking for a mandatory reconsideration, then Tribunal? If not is there any reasons why you didn't? and when was the decision made on that claim?

Starting a new claim isn't the answer because using the same evidence you used the first time then there's a high chance you can be refused again. Have you started a new claim yet?

Cariad

Hi Poppy,
Yes, I asked for MR and was awarded 4 points. Unfortunately, I didn’t go to Tribunal because I was out of time with the appeal. 
I have started the new claim because since the first claim I have undergone brain surgery which has affected my speech. I don’t know if that’ll make a difference.

Cariad

Hi Mike,
Around 2 weeks. It was a year ago. So it’s not worth putting a new claim in?

Cariad

Mike, I did not know this. However, I have put in a new claim and I do feel my circumstances have changed. The issue in my eyes is that I cannot prove the 50% rule because seizures are so unpredictable. I have no aura and there is a possibility I can have one at any moment. Thanks for your advice though.

Yadnad

Cariad said:

Mike, I did not know this. However, I have put in a new claim and I do feel my circumstances have changed. The issue in my eyes is that I cannot prove the 50% rule because seizures are so unpredictable. I have no aura and there is a possibility I can have one at any moment. Thanks for your advice though.

Rather a difficult case in my opinion. How do you actually prove the 50% rule and how unpredictable are they is as you say, anybody's guess.

Other than telling the assessor what happens I can't think of any written evidence that you could provide. That is unless your consultant/GP can give a reasonable assessment of when they are likely to happen, what happens if you do have them and what impact on your life is there

Cariad

Thanks all! I am going to give it a go anyway. It isn’t as if I’ve got anything to lose. An aside, I am going to read the decision makers report much more carefully this time , because on reading the last decision, I think he has paid to heed to the assessor’s report and used a template letter.

poppy123456

They usually go with the recommendations in the report, it's rare to go against it.

Cariad

Thank you poppy.
Maybe he didn’t read my application then. 
He said that I stated I had difficulties doing certain things . I most definitely did not make such statements. 
I do have difficulties, but not in the things the decision maker said I stated I did in my application.
But that’s all by the by now.

gemlou

Hi all, I phoned dwp to make a complaint because when I had my reconsider they didn't put into count the new evidence into it like my care plan and another letter I sent in off my epilepsy nurce next minuet the complaint team put me through to the reconsider department and she looked at my stuff then next minute shes giving me a emergencie reconsider which i dont understand why could someone no why thanks 

Cariad

Finally got PIP awarded today, seven weeks after assessment which was remarkably quick. Thanks for all advice given.Special thanks to mikehughesesq for the link to the case law.
Most helpful!

telscope

Well done Cariad. Doctors Advice Centres, Support Workers/Carers & even Parents can help. Still you completed the fight & you were successful. I hold a fist above my head for you.