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Pip appeal for epilepsy help
- Nat.v
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6 years 9 months ago #193119 by Nat.v
Pip appeal for epilepsy help was created by Nat.v
hi. newbie to pip. My son has epilepsy. He was in receipt of dla but had to apply for pip as he turned 16 this year. he had a home assessment. It turns out the assessor decided t hat he has auras five minutes before every seizure and has only 2 seizures per week. When actually he can have several per week and has never had any warnings. So he scored 0 points because on every page of the report it is copied and pasted that he can get himself to a safe place. I got a gp letter stating he does not have warning and clinic notes stating no warnings and that he can has several seizures and done a mandatory reconsideration using these and medical proof that they were wrong. The decision still cam back as 0 points and the decision make said that the gp letter contradicts what i said. So they are still saying i told them he has auras when i must have in the mr letter 20 times that we didn't say that. So i'm now taking it to appeal but i haven't really got a clue what im doing. Citizens advice cannot see us in time. I've got the ssc1 form but i'm not sure what i should put for why i am appealing. Should i use every descriptor point i think we should have got? Do i say that the assessment is wrong? I also don't currently have any new evidence as i sent it all with the mr. Any advice or help would be much appreciated.
Many thanks
Many thanks
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- Gordon
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6 years 9 months ago #193148 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip appeal for epilepsy help
Nat
From your post I think that there are two issues with his claim, the first you have identified; which is the aura's, I suspect the second is his failing (in the eyes of the DWP) to meet the majority of days requirement as you say he only has two seizures a week.
You need to argue that it is not the number of seizures that they should be looking at, but the risk of a seizure, which I assume is daily. There's a section in the PI Claim guide about safely that explains this in more detail.
The PIP Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
From your post I think that there are two issues with his claim, the first you have identified; which is the aura's, I suspect the second is his failing (in the eyes of the DWP) to meet the majority of days requirement as you say he only has two seizures a week.
You need to argue that it is not the number of seizures that they should be looking at, but the risk of a seizure, which I assume is daily. There's a section in the PI Claim guide about safely that explains this in more detail.
The PIP Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an increased award will only be made by your showing that you score the extra points for one, so I would start by going back through your PIP2, the assessment report and the PIP Claim guide to see how you might show this is the case.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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