Epilepsy and PIP appeal

Hi Tina

When it comes to applying for PIP - it's not the condition per se that the DWP are interested in, but how a claimant's condition affects them with regard to the specific PIP criteria. So two people who have the same condition will not necessarily be awarded identical scores. Have you got hold of the PA4 (the assessor's report) so you know what the assessor thought? It makes it much easier to fight a case if you have that document.

I don't know how much you initially explained on the form about your daughter's condition - but in terms of the uncontrolled epilepsy - this will need to affect her for the majority of the time - 4 days out of 7. Only you know how often she is affected, and obviously, there are severe safety issues if there's no warning. If there is a danger that she might have a fit when having a bath or shower - does she avoid them altogether? does she need supervision? has she hurt herself? Does she have to wash quickly so there is no danger in her hurting herself? Are there any triggers associated with washing that increase the chances of a fit eg fear of having one causing her to have one?

Now she may not have fits very often but may have a very high risk. I have a relation that has had only two (that we know of), but what happens when he has one is very serious - so it's too risky for him to shower alone, and this was a point made when applying for his PIP. Don't expect them to know. You have to tell them in detail. If you have had a look at the guide, it talks about safety, reliability and standards. Reread it (page 50) Even if your daughter uses any aids, it won't stop her from having a fit.

Now I am going to mention the pseudo-seizures separately. The Epilepsy Society suggests that people don't use the term as it is widely misunderstood. They prefer dissociative seizures. epilepsysociety.org.uk/about-epilepsy/wh...pINV2hUaAsuREALw_wcB.

It may be that the person reading your daughter's information had no knowledge of even the term, let alone associated symptoms with the condition. I don't know your daughter or what symptoms she experiences for the Dissociative Seizures, but I do know it's possible that they are potentially dangerous in water and in the area of cooking. Never assume the person reading it understands the condition. Go back, look at what you said and see if you missed out on things that should have been included as relating to the impact against the PIP criteria. If she needs help with something, say so (even if she's not getting it). If you didn't touch on the area of mental health and the impact, include it.

Hope this gives you some pointers about how to proceed. Firstly look at the PA4 report again and see what they said and look at the reasons why she was turned down and then start putting together your arguments. The Guide to PIP appeals will help you.

BIS

Hi Tina

No you are not sent the PA4 automatically, you have to phone up and ask for a copy.

You can phone up to 48 hrs after the assessment and ask for a copy of the assessors report, do not let them fob you off by saying you have to wait for a decision before you can get a copy, this is not true for PIP assessments, it is true for WCA assessments.

You can apply for an out of time MR with good cause, delay in receiving the decision would be a good cause, you have up to 13 months max.

I find applying for a change of circumstances at the same time as appealing a decision can cause confusion. I saw a claimant a few months ago who had applied for a new claim as they were refused their claim not knowing they could appeal.

I got involved at the appeal stage, DWP sent a letter to HMCTS which states the claimant has applied for a new claim, this means that I now have to write to HMCTS pointing out why the claimant made a new claim even though there are no change in circumstances.

Gary