PIP and Migraines

Hi KPPurple

When applying for PIP, it is not so much the condition per se that the DWP is interested in, but how that condition/s impacts a claimant's daily life and mobility as set out in the PIP criteria. We are not assessors or medical professionals, so cannot give a view on what you will get and at what level. Two people can have identical conditions but be given different awards.

Our guide to PIP claims and reviews goes through each question highlighting important issues that you need to consider in your answers and giving some sample answers; benefitsandwork.co.uk/guides-for-claimants/pip

PIP is not awarded because of the condition but rather the limitations that result and prevent a claimant from completing a range of everyday activities.

Read about the reliability element in the guide - if you cannot do something:

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and acceptable standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a reasonable time period – no more than twice as long as a person without a physical or mental health condition would take to carry out the activity.

then you should not be considered able to do the activity.

The fact that you can’t do the activity safely, to an acceptable standard, repeatedly or in a reasonable time, means you can’t do it at all for the purposes of the descriptors.

If you have any further questions, then please return to the forum.

Gary

Hi KPPurple,
I have successfully helped several claimants who suffer from migraines. Any health condition can give rise to an award of PIP, providing it (together with any other condition if relevant,) limits your ability to do pip activities, and/or your abilities to do these activities safely, to an acceptable standard, repeatedly across the day as reasonably required and within a reasonable time. The rules stipulate that the limitations need to be for the majority of days. The details in your post suggest migraines occur 2 or 3 times per month, ( no details about how long the migraines last. ) Assuming that they last no longer than a day, there is clearly going to be a problem proving the 50% rule. However this may not necessarily preclude a PIP claim.
It seems that your migraines affect you in a similar way to people who have epileptic fits. Often these are transitory, and don't last long, but there is clearly safety risk. It's dangerous to have a fit in the kitchen, with hot pans, in the bathroom and if out and about in town. This suggests help and/or supervision is required and points could be awarded. This is on grounds of safety. Regulation 4(2A) - which sets out the 4 criteria mentioned above- confirms that you need to do an activity safely which can not be done if there is a substantial risk to your health. If, like someone with epilepsy your migraines can come on without warning and give rise to a substantial risk to health then you are not 'safe' and should achieve points at the level appropriate to your disability. It doesn't matter that the fit/ migraine does not happen very often, as long as there is a very strong risk that you will get quite badly hurt.

Think about any triggers. Change of temperature, stress, food etc. Do you need monitoring/supervision to avoid things that might provoke an attack or give you medicine to deter an attack? Does someone need to monitor or supervise to ensure you are safe during 'attacks'? This might relate to points under descriptor 3.

Similarly, although not obvious, does dressing cause a safety risk. (Sitting down to dress may not be enough to constitute the use of an aid ) Think also of the aftermath of the attacks, how long are unable to do tasks, does it affect you hours or even days later - this could affect the ability to repeat.

The slurred speech may indicate a communication problem if this persists for the majority of days.

So, basically, assuming the migraines etc themselves don't happen for 50% of days, you will need to show either a safety issue, you can't repeat, can't do in time, or acceptably. If you can't show these difficulties, then I think it is unlikely you will succeed to gain PIP , unless you have additional health problems that could give rise to points.
I hope this helps.
LL26

Hi KPPurple,
Any health condition can give rise to pip if you have sufficient limitations as a result. Any day where you can't complete descriptor activities or can't reach the required standards counts towards the majority of days.
Have a think maybe using a piece of paper, diary or even a spreadsheet to note down your disabilities. Think about the last month. Or perform the analysis for the next month.
Let's consider cooking...
List first any day where for the whole day you have actually been too ill/disabled to do any cooking.
Next list the days where you have been too ill to do cooking for part of the day. Think how many meals you would normally eat and or cook if perfectly well. It could be 2 or 3 or maybe more.
Let's say it is 3. So, list any days where you weren't able to to cook 3 times a day again because you were actually too ill/disabled.
Note down exactly why you couldn't cook.
If this is the majority of days then this is sufficient of itself to give rise to pip points. In this scenario you could well be able to score the full points if you are totally unable to cook due to poor health.
If total inability does not occur for the majority of days, now consider hiw and when you need some sort of help. Consider the 4 criteria I mentioned in the previous post. Are you safe, timely,at an acceptable standard and able to repeat?
Think about whether an aid/appliance could help you to fulfil these 4 criteria. If not what about prompting, or maybe physical assistance (But noting that you still have to be the chef - if the helper does most of the cooking he has become the chef!)
So, if it is reasonable for you to need supervision in order to stay safe because there is a substantial risk of you ( or other) getting hurt if you had eg a sudden migraine and dropped boiling water all over yourself- each day where this happens woukd be a day to count towards your majority count. In this scenario it is likely to be every day so scoring points wouldnt be difficult.
However a different descriptor might need a slightly different analysis. Consider communication - there is unlikely to be a safety implication for this activity, but it is possible that you may not reached an acceptable standard. Communication could be required 24/7 but if your health prevents this being done adequately for just a few minutes then it won't be significant enough to render you unable to repeat. So first consider the times when you actually can't communicate ie understand or be understood. If this involves a significant part of the day, then it will count towards the majority. Maybe like with cooking you need prompting or physical support or and aid. If any of these things will suffice then that will count.
Taking in to account the possible likely repetition rate for each activity analyse each descriptor activity and the days you can/can't do and help etc required.
If you have insufficient days when you can't do anything, then add up the other days when you need an aid, help etc to enable you to fulfil the required 4 criteria. Make a list of the number of days you need eg prompting or the aid etc will be enough to fulfil all the criteria.
Regulation 7 provides that if more than one descriptor activity in any one section applies then the highest value score must be given when these apply equally, or the score for the most prevalent value will apply if unequal.
If no one descriptor level applies for the majority of days you can aggregate so if say 2b applies for 20% of days 2d applies for 20% and 2f applies 20% there is a total of 60% of days where one or more descriptors apply under 2. Here 2f carries the most points so 10 points is correct as all are equally prevalent. If 2b is 40%, 2d is 15% and 2f 10% Now 2b is the correct descriptor and the score is therefore 2 points.
By considering the limitations for each descriptor set and the prevalence for each level and how you can ( or can't) fulfil the 4 criteria you shoukd be able to assess what points you shoukd be entitled to receive.
If the analysis indicates you can get at least 8 points for either daily living and or mobility then this will tell you if a claim is likely to succeed.
As I explained previously, you need to consider all health conditions and the cumulative effect they have on each other.
I hope this clarifies things.
LL26