My wife suffers pass out seizures irregularly and sometimes without warning. That helped to get her DLA highest rate of mobility with a few other factors.
PIP have argued that they don’t affect her for the majority of days and she scores “0” points because others are in greater danger.
Three thoughts come to my mind; (1) Comparing her danger element to others as a guideline for non-payment feels morally wrong and maybe Wednesbury unreasonable. There’s always someone worse of than you! (2) The Government is on high alert in relation to terror attacks which SERIOUSLY AFFECTS THEM EVERY DAY OF THE WEEK (financially and in time consumption) - yet - according to PIP guidelines, because they have only been 5/365 days, they are not affected!! (3) With PIP’s attitude, a seizure actually only affects her for 5 minutes on any one occasion - so a seizure doesn’t even affect her even for the most part of a day!!!
There has been a recent UTT Decision that argues that it is the risk of a seizure that should be considered rather than the actual occurrence of one, this is explained in the current PIP Claim guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
