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Epilepsy and pip
- Amanda B
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6 years 2 months ago #209954 by Amanda B
Epilepsy and pip was created by Amanda B
Moved from dla to pip, my disability is non controlled epilepsy ( tonic clinic and complex partial seizures) Been told over phone that got enhanced rate for mobility and no award for daily living, really gutted and distressed. I have to have someone there if I am bathing. In case I take a seizure. I don't do any food prep or cooking, partner does it all in case I have seizure in kitchen with hot pans, boiling water sharp knives etc, I can't stay overnight alone need someone with me as often have seizures in the evening at night. My memory is poor due to seizures and medication, pay all bills by d/d so I don't forget and get into bother, partner has my PIN number which I also have written down. Need prompted to take melds or reminded I have already taken them as I forget I have and could take too many., If I didn't have my partner I would not be able to live alone, would need to move in with parents, feel totally destroyed . They accepted the support I need outside crossing roads, planning journeys having someone with me to stay safe, so was shocked when told over phone no award of daily living element. Told I count ask for mandatory reconsideration until I have physically received decision letter. Looking for some advice, I am £20 a week worse off due to loss of daily living but now afraid they just take it all away if I ask for mandatory reconsideration.
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- Gordon
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6 years 2 months ago #210003 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Epilepsy and pip
Amanda
If a Decision has been made then you can request an MR, however, you will not know the DM's reason for their Decision with receiving the letter.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
If a Decision has been made then you can request an MR, however, you will not know the DM's reason for their Decision with receiving the letter.
The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process, the PIP area also has template letters that you can use to make the request with.
www.benefitsandwork.co.uk/help-for-claimants/pip
You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.
Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;
"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"
than their opinions
"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.
When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Amanda B
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