[Contd] Since the Tribunal decision in 2016, we have found out that later decisions by the UT stressed that consideration should be given to the risks of having an unpredictable seizure at any time, regardless of frequency . The risks associated with unpredictable seizures are present all the time since it cannot be known in advance when a seizure will strike, even though the seizures don't occur most days Is it possible to do anything at this late date to change the decision of the lower appeal tribunal? Asking for a review by the DWP wouldn't help as my husband is now over retirement age and we understand that the mobility rate can't be increased after retirement age.
"Epilepsy is a condition that poses unique challenges to those living with it and should be considered a special case..... For most, seizures are unpredictable, a constant fear of what might happen and when.” EPILEPSY SOCIETY UK.
I'm sorry, but upper tribunal issues are outside the remit of this forum. As far as I am aware (and I'm no expert), there is nothing you can do now. You are outside the timescale of being able to challenge the First Tier Tribunal decision, and you are right in thinking your husband's mobility cannot be increased past State Pension Age.
Will be happy if someone comes on and contradicts me.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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