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• Pippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger

  February 2018

  I wonder if @tracoops, @Sprocket25, @1zzyskint or @emkins40 (who've all mentioned uncontrolled epilepsy in past discussions) could offer any input here?

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• mikehughescq Member Posts: 5,781 Disability Gamechanger

  February 2018

  Since the recent decisions on the interpretation of “safety” effectively reverted PIP to the DLA definition it’s much easier to score points across a range of activities provided there’s little or no warning. 

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• Goods68 Member Posts: 14 Connected

  February 2018

  Hi , just won my case after 7 months i have uncontrolled epilepsy, I was awarded 
  enhanced rate on both , judge referred to case law , and high tier, this was such a relief for both me and my wife as it has had a huge impact on us over the last year, ...paul

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• lillybelle Member Posts: 458 Pioneering

  February 2018

  Wooooop!!!!!!!
  Great to hear some happy news.

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• Goods68 Member Posts: 14 Connected

  February 2018

  There is hope, and you have to keep going!! i still dont believe its all over the dwp has not yet got back to me so im waiting for the dragon to breathe !!!!!!

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• Pippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger

  February 2018

  Brilliant news @Goods68, so pleased for you!

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• lillybelle Member Posts: 458 Pioneering

  February 2018

  Hi,
  could somebody explain what was meant when the judge referred to “ high Law”?

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• lillybelle Member Posts: 458 Pioneering

  February 2018

  Sorry “case law”

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• Pippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger

  February 2018

  I wonder if @mikehughescq could clarify this?

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• mikehughescq Member Posts: 5,781 Disability Gamechanger

  February 2018

  Case law is made at Upper Tribunal level by UT judges sitting alone or as a panel. It offers advisory or definitive interpretations of any terms used in the law which are in dispute. Such interpretations can be appealed all the way to the Supreme Court if needs be.
  
  In this case the first tier judge will have been referring to the recent binding case on the PIP interpretation of safety. 

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• lillybelle Member Posts: 458 Pioneering

  February 2018

  Thankyou Mikehughescq.
  that is quite interesting as I can reference to the law if  I have to ask for an M.D. if need be. Eg, safety reasons

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• mikehughescq Member Posts: 5,781 Disability Gamechanger

  February 2018

  Decision is RJ, GMcL and CS v SSWP (PIP) [2017] UKUT 0105 (AAC)
  
  DWP revised guidance can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/658567/adm29-17.pdf. Three judge decision and therefore binding. Quick summary is that interpretation of safety for PIP is now the same as it was for DLA I.e. you balance the remoteness of the risk against the seriousness of the consequences. 
  
  Nowadays their guidance rarely relates a correct interpretation of the decision. It’s more about trying to shut down as many claims as possible. 
  

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• lillybelle Member Posts: 458 Pioneering

  February 2018

  Thanks for this,
  its worth reading the law as knowledge can be very useful when writing for a mandatory decision if when my decision is made I might need one.

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• Goods68 Member Posts: 14 Connected

  February 2018

  It's about time the that those who do not show an obvious illness , 
  Are given the correct diagnosis ,
  Understanding , and respect ,
  Epilepsy is not a walk in the park! 
  It affects the family and involves alot of planning for journeys etc ,
  It's a disability that should not be brushed under the carpet. 

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• mikehughescq Member Posts: 5,781 Disability Gamechanger

  February 2018

  Agree with what you’re saying but it applies more generally rather than just epilepsy. I’ve yet to come across any impairment which doesn’t impact on family or friends and I think one of the fundamentals of all impairments is that most of us can’t be spontaneous. We have to plan.

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• Paul7210 Member Posts: 40 Courageous

  March 2018

  Goods68 said:

  Hi , just won my case after 7 months i have uncontrolled epilepsy, I was awarded 
  enhanced rate on both , judge referred to case law , and high tier, this was such a relief for both me and my wife as it has had a huge impact on us over the last year, ...paul

  
  well done @Goods68 my wife has severe uncontrolled epilepsy too. If you got enhanced mobility and your wife has a car remember she could claim free road tax.

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• lillybelle Member Posts: 458 Pioneering

  March 2018

  That’s brilliant news.
  gives me abit of hope.
  what was the first decision?

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• whistles Member Posts: 1,590 Disability Gamechanger

  March 2018

  Epilepsy prevents you from driving so how would that work? 
  They will revoke the license. 
  You could be the owner I guess for someone else to drive?

  Do not follow me, I don't know where I am going.

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• Paul7210 Member Posts: 40 Courageous

  March 2018

  Details are here https://www.gov.uk/financial-help-disabled/vehicles-and-transport

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