Collecting evidence for a review
Comments
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No idea where you heard that but it's not correct. As you are aware PIP isn't about a diagnosis. Part of the critieria for PIP is you must be affected for at least 50% of the days over a 12 month period.I've never personally written a diary for either PIP or ESA reviews and i always prefer to stick to the real world incidents that's mentioned many times on many other threads.0
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https://www.epilepsy.org.uk/living/benefits/personal-independence-payment-pip-and-epilepsypoppy123456 said:No idea where you heard that but it's not correct. As you are aware PIP isn't about a diagnosis. Part of the critieria for PIP is you must be affected for at least 50% of the days over a 12 month period.I've never personally written a diary for either PIP or ESA reviews and i always prefer to stick to the real world incidents that's mentioned many times on many other threads.
Read this website, poppy. Maybe I've misread something. Non-epileptic seizures and epilepsy present in similar ways.
It reads:The ‘50 per cent rule’
With a variable condition like epilepsy, you must need help at least 50 per cent (half) of the time to qualify for PIP. This will be considered over a 12-month period, looking back 3 months and forward 9 .
But, this doesn’t mean that you have to experience seizures 50 per cent of the time. In March 2017, an Upper Tribunal ruling set out , when assessing a person’s ability to carry out an activity safely, PIP assessors must consider:
- How likely it is that you would come to harm
- How serious that harm could be
For people with uncontrolled epilepsy, there is always the risk of having a seizure. The level of harm you could come to depends on the activity, the type of seizures you have and how unpredictable they are. The key thing to remember is that you may still need help due of the risk of having a seizure, even if you only have them occasionally.
Now, as non-epileptic seizures are not controlled by any medication and the treatment is strategies at reducing them using psychological interventions. Obviously common co-morbidities depression and obviously the big one anxiety may mean you mean help 50% of the time. Living with either epilepsy or NEAD is very challenging mentally, for most if not all.
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Which says exactly what i said and the 50% rule still applies. It's not the siezures itself that may entitle you to PIP because it's not about a diagnosis it's how they affect you. If you don't have warnings (auras) before a seizure for example, some people do and some don't. If you don't have the aura's you could be in danger when preparing a meal, washing.bathing, planning and following a journey ect ect.1
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Yes correct. Even if you only have them occasionally, due to the lack of warning, you could still be at risk? Correct?0
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It depends on how often you have the seizures.
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I’ve been told by other members on here that it’s the risk of harm that counts if you have no particular warning signs.Mine started off at around 8 a day. Then a gap of hardly any. Then they were happening every month. Recently they’ve been terrible.Salford Royal want me to work out my triggers. I think stress is definitely one of them.0
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From what I've read, as far as epilepsy itself goes, then I'd agree with you @bluefox - in that the 50% 'rule' doesn't necessarily apply. This from Benefits & Works guide about PIP (June 2018) that I have:'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 9 th 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 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.'
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Thank you for clearing that up for me.0
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Can you use Occupational Health reports from employment?0
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