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Epilepsy PIP 2019

IHaveEpilepsy81

Hi,

I have epilepsy and syncopated attacks, they come without any warning and are uncontrolled. All medical evidence states this and also states very accurately that I am at risk in all aspects of activities stated in the pip form.

i have scored 12 points for mobility but only 6 for daily living. The reports states I need supervision while bathing due to the danger, yet I don’t need supervision to cook or eat? When clearly there would be a danger in the activities.

Anyone else having similar issues?

Thanks

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IHaveEpilepsy81

I have no warning prior to seizures and have post ictal confusion after seizures for long periods. All medical evidence states this and it’s feel it’s been overlooked. Epilepsy, no warning, hot pans, hot water, hot food, knives, makes no sense. Hopefully tribunal agree with my evidence and over rule it.

Chloe_Alumni

Hi @IHaveEpilepsy81 and welcome to the community! I'm sorry to hear you did not get the points you needed. Was this from a mandatory reconsideration or from the initial assessment?

cristobal

@IHaveEpilepsy81 - I wonder if this might help you understand the reasoning around safety? (I’m not an assessor)

You have to take into account two things - the frequency of an event happening vs the consequences if it does.

You could have a seizure whilst cooking. This isn’t very likely - since most people only cook a couple of times per day - but the consequences could be catastrophic - for example if there was something on the stove and the house caught fire whilst you were in a confused state.

The risk is unacceptable so this isn’t safe.

The chance of seizure remains the same - fairly low - when using a microwave but the consequences are a lot less severe. The microwave will switch off at the end of the cooking period so there’s no danger of a catastrophic fire.

The risk, in the eyes of the DWP, is acceptable and it is safe to use a microwave.

If you ask for MR I wonder if it is worth mentioning how often your seizures occur, and how you deal with cooking, eating etc at the moment.

Good luck - whatever you decide….

cristobal

@IHaveEpilepsy81 - I've just found this in the DWP guidelines which might help. I'm not sure what 'altered consciousness' means as I don't know a lot about epilepsy.

For claimants who experience seizures 1e might apply to those where there is strong evidence that the altered consciousness is unpredictable and that they would not reliably be able to use a microwave.

IHaveEpilepsy81

Chloe_Scope said:

Hi @IHaveEpilepsy81 and welcome to the community! I'm sorry to hear you did not get the points you needed. Was this from a mandatory reconsideration or from the initial assessment?

From both Chloe

IHaveEpilepsy81

cristobal said:

@IHaveEpilepsy81 - I wonder if this might help you understand the reasoning around safety? (I’m not an assessor)

You have to take into account two things - the frequency of an event happening vs the consequences if it does.

You could have a seizure whilst cooking. This isn’t very likely - since most people only cook a couple of times per day - but the consequences could be catastrophic - for example if there was something on the stove and the house caught fire whilst you were in a confused state.

The risk is unacceptable so this isn’t safe.

The chance of seizure remains the same - fairly low - when using a microwave but the consequences are a lot less severe. The microwave will switch off at the end of the cooking period so there’s no danger of a catastrophic fire.

The risk, in the eyes of the DWP, is acceptable and it is safe to use a microwave.

If you ask for MR I wonder if it is worth mentioning how often your seizures occur, and how you deal with cooking, eating etc at the moment.

Good luck - whatever you decide….

They aware that me seizures are quite frequent Cristobal that medical evidence speaks for itself. What I can’t understand is how can someone state that the chance of having an epileptic fit is fairly low, when the person has uncontrolled epilepsy and has no warning to the attack’s?

Welfare rights have said that the case law regarding safety and supervision is being awarded correctly at the tribunal stage.

IHaveEpilepsy81

cristobal said:

@IHaveEpilepsy81 - I've just found this in the DWP guidelines which might help. I'm not sure what 'altered consciousness' means as I don't know a lot about epilepsy.

For claimants who experience seizures 1e might apply to those where there is strong evidence that the altered consciousness is unpredictable and that they would not reliably be able to use a microwave.

I think they are ignoring the correct points to score and hoping people just accept it. This clearly means I should not scored more but I haven’t.

cristobal

They aware that me seizures are quite frequent Cristobal that medical evidence speaks for itself. What I can’t understand is how can someone state that the chance of having an epileptic fit is fairly low, when the person has uncontrolled epilepsy and has no warning to the attack’s?

@IHaveEpilepsy81...

I'm not at all suggesting that the chance of having a seizure is low - I don't know that, only you do really. What I meant is that the risk of having a seizure when it would cause safety issues in relation to preparing food is low.

If you cook twice a day the chance of a seizure coinciding with you taking food out of the microwave is low, as there are only a few minutes every day when this occurs.

I apologise if you believe that I am understating your condition. That wasn't my intention - I was just trying to explain the safety angle in the genuine belief that it would help you.

Good luck in your tribunal...

IHaveEpilepsy81

cristobal said:

They aware that me seizures are quite frequent Cristobal that medical evidence speaks for itself. What I can’t understand is how can someone state that the chance of having an epileptic fit is fairly low, when the person has uncontrolled epilepsy and has no warning to the attack’s?

@IHaveEpilepsy81...

I'm not at all suggesting that the chance of having a seizure is low - I don't know that, only you do really. What I meant is that the risk of having a seizure when it would cause safety issues in relation to preparing food is low.

If you cook twice a day the chance of a seizure coinciding with you taking food out of the microwave is low, as there are only a few minutes every day when this occurs.

I apologise if you believe that I am understating your condition. That wasn't my intention - I was just trying to explain the safety angle in the genuine belief that it would help you.

Good luck in your tribunal...

I understand what your saying and it’s makes sense what your saying thank you for helping Cristobal.

Chloe_Alumni

I'm sorry you've already been through a MR @IHaveEpilepsy81 and I understand how stressful and frustrating this can be. Have you started the tribunal process? Here is some information about the tribunal process and I hope it goes okay!

saz11

@IHaveEpilepsy81 Just wanted to check in and see how you are today ?. I have just come off the phone to DWP and yet again still no decision has been made on my MR . Can i ask was this a renewal assessment you had or new claim ?. The reason i ask is as i posted yesterday i was in receipt of daily living component awarded till jan 2020 but after renewal assessment was stopped May 2019.... and just to point out only took them 6 days to make this decision after my assessment and stop payments of pip and sdp but now nearly 8 weeks after MR request still no decision......something tells me thats not right.

poppy123456

There's no timescales for any decisions. 10 weeks is the guideline for MR decisions but sometimes it can take longer. Most MR decisions remain the same though.

IHaveEpilepsy81

Mine was a transfer from dla to pip. Welfare rights did say to me the only way to get pip for epilepsy now is tribunal as assessors are basically being told to not score the points sufficient enough for an award of daily living. I can only say given my situation and the medical evidence provided it’s clear I score the points needed. Yet a half hour assessment with these people and your all cleared of any illness and have made a miraculous recovery.

saz11

@IHaveEpilepsy81
I get were you are coming from. You go to these assessments and be open and honest which i don't know about you but i find very difficult talking about my condition and how badly it has affected and changed my life. I don't get why they ask all these question then report something totally different from what you have said . My letter to the DWP for MR i detailed everything whether it will make any difference i am not sure.
I am getting to the point that i am really struggling with it all (maybe just a bad day). I live alone and safety must be my first priority so what they don't understand about that baffles me.

saz11

@woodbine.
I hope all goes well for you fingers crossed.
I only waited 6 days from when i had my renewal assemement to get a decision. You read and hear that many different stories its hard to get your head around. I even spoke to DWP to voice my concern on why
they reduced my award and the person i spoke to said that they totally agreed with me and my points shouldnt have been reduced.

IHaveEpilepsy81

@woodbine good luck with your situation you must be alarmed at reading my issues as we seem pretty similar, I have no faith in the PIP or ESA application it seems the best way to go on is get your medical evidence up to date get as much evidence off your specialist as you can, your GP letter will help but they can disregard this, and prepare for a fight.

Chloe_Alumni

Hi @woodbine, I really hope you get the decision you deserve!

skeg1960

I have epilepsy and scored 16 points for mobility and 8 points for care the nurse was very nice I told her I used a microwave but pointed out you could still burn yourself by say dropping a dish of hot soup on your foot which I have done. she agreed this could happen. I did did not ask for an mr as I thought the award was fair and I did not want to go through any more stress. I also get esa and I am in the support group. good luck and I hope this helps

saz11

@skeg1960

Good to hear a success story ....gives me hope

Well done.

IHaveEpilepsy81

@skeg1960 finally a positive outcome but a very rare one probably. My report from the assessor stated I could cross the road by lights to limit any danger, work that one out, she also says I can’t drive because of the dangers with my epilepsy but I can cook using a cooker or microwave as a fit during cooking is less likely to happen.