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PIP and Epilepsy
- Pete266
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6 years 8 months ago #196248 by Pete266
PIP and Epilepsy was created by Pete266
Hi
My daughter has had Epilepsy for approx 28 years. The past couple of years have been particularly bad whereby she has had to move back home with us for care due to it worsening. In addition, specialists have said she has currently "exhausted all treatments" and is not a candidate for surgery. It does affect all aspects of her life for greater than 50% of the time, she has lost at least one job due to it and receives ESA (WRAG group). She has been doing a few hours per week Permitted Work only if able.
Recently she had a PIP assessment at home. No letter was sent re: the appointment. It was a text message a few days in advance which heightened her anxiety, a trigger for seizures. It took 30 mins and on the day she was recovering from a seizure which the "nurse" was advised.
I was sat in the neighbouring room and inadvertently had left a baby monitor on as my wife and I had been looking after our grandson. I did not like what I was hearing so I hit record on my phone which my daughter was unaware of due to her state. Her outcome from DWP arrived yesterday - zero points for everything and inaccuracies throughout.
Three times we have had to request from DWP her medical report and it has only just arrived. My query is, as my daughter did not record her assessment but myself and it was only due to the fact I had unknowingly left a baby monitor on, could we use this as evidence to prove how inaccurate the medical report is? Otherwise surely all a Tribunal would have is a statement from myself and my wife? This isn't taking into account the 30-odd medical pieces of evidence in addition to the PIP2 form which were initially submitted.
Many thanks in advance for your help
My daughter has had Epilepsy for approx 28 years. The past couple of years have been particularly bad whereby she has had to move back home with us for care due to it worsening. In addition, specialists have said she has currently "exhausted all treatments" and is not a candidate for surgery. It does affect all aspects of her life for greater than 50% of the time, she has lost at least one job due to it and receives ESA (WRAG group). She has been doing a few hours per week Permitted Work only if able.
Recently she had a PIP assessment at home. No letter was sent re: the appointment. It was a text message a few days in advance which heightened her anxiety, a trigger for seizures. It took 30 mins and on the day she was recovering from a seizure which the "nurse" was advised.
I was sat in the neighbouring room and inadvertently had left a baby monitor on as my wife and I had been looking after our grandson. I did not like what I was hearing so I hit record on my phone which my daughter was unaware of due to her state. Her outcome from DWP arrived yesterday - zero points for everything and inaccuracies throughout.
Three times we have had to request from DWP her medical report and it has only just arrived. My query is, as my daughter did not record her assessment but myself and it was only due to the fact I had unknowingly left a baby monitor on, could we use this as evidence to prove how inaccurate the medical report is? Otherwise surely all a Tribunal would have is a statement from myself and my wife? This isn't taking into account the 30-odd medical pieces of evidence in addition to the PIP2 form which were initially submitted.
Many thanks in advance for your help
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- Gordon
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6 years 7 months ago #196275 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Epilepsy
Pete
Although it can be important to show errors in the assessment process, doing this will not usually result in an award, you and your daughter need to show that she meet the criteria for one.
I would not bother sending a copy of the recording to the ESA, but you can send transcribed extracts and I would certainly let the DWP know that you have a recording. It does not matter how it was obtained.
You need to go back through your daughter's ESA50, the assessment report and our ESA Claim guides to make sure that she meets the criteria to score the points that she needs. I think her doing the PW may be at the root of the problem, so you should pay particular attention to how this has been explained.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Although it can be important to show errors in the assessment process, doing this will not usually result in an award, you and your daughter need to show that she meet the criteria for one.
I would not bother sending a copy of the recording to the ESA, but you can send transcribed extracts and I would certainly let the DWP know that you have a recording. It does not matter how it was obtained.
You need to go back through your daughter's ESA50, the assessment report and our ESA Claim guides to make sure that she meets the criteria to score the points that she needs. I think her doing the PW may be at the root of the problem, so you should pay particular attention to how this has been explained.
www.benefitsandwork.co.uk/help-for-claimants/esa1
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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- Pete266
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6 years 7 months ago #196316 by Pete266
Replied by Pete266 on topic PIP and Epilepsy
Hi Gordon
Thanks for your reply. She has only been doing ESA Permitted Work to satisfy the Job Centre as was told otherwise she would have to actively look for work. We never contested the possibility of her going from the WRAG to Support Group as she couldn't handle the stress and her job is just sitting at a desk signing people in. Nothing more.
Would her initial ESA claim and PW impact on this PIP claim in such a way? I thought PIP allowed persons to work and claim?
If we disclose that we possess a recording, should we do so in the Mandatory Reconsideration and if so could they throw her claim out or force us to provide them with a copy or tell them how it was obtained?
Many thanks again and apologies for the further questions
Thanks for your reply. She has only been doing ESA Permitted Work to satisfy the Job Centre as was told otherwise she would have to actively look for work. We never contested the possibility of her going from the WRAG to Support Group as she couldn't handle the stress and her job is just sitting at a desk signing people in. Nothing more.
Would her initial ESA claim and PW impact on this PIP claim in such a way? I thought PIP allowed persons to work and claim?
If we disclose that we possess a recording, should we do so in the Mandatory Reconsideration and if so could they throw her claim out or force us to provide them with a copy or tell them how it was obtained?
Many thanks again and apologies for the further questions
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- Gordon
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6 years 7 months ago #196318 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP and Epilepsy
Pete
I've just noticed that I wrote my reply based on her being assessed for ESA and I now realise it was for PIP, my advice is the same, just substitute PIP for ESA in my previous post. Sorry.
Whilst PIP does not directly consider whether a person is working or not, there will be assumptions about there capabilities if they do and this can be used to offset the difficulties that they have listed in their PIP claim form.
If your daughter is in the ESA WRAG then she is not required to work or even to seek work, if her advisor has said that she does or even implied this then they have exceeded their authority.
I would certainly state in the MR that there is a recording of the assessment but don't expect the DWP to pay any attention to this or to request a copy, they won't and will maintain that the report is accurate unless it is withdrawn by the Assessment Provider or is show to be fundamentally flawed. To be clear, it is perfectly legal to make a covert recording of the assessment, although there can be limitations on what is done with the recording but not transcriptions.
If the report is seriously in error then your daughter might want to think about making a complaint to the AP.
Gordon
I've just noticed that I wrote my reply based on her being assessed for ESA and I now realise it was for PIP, my advice is the same, just substitute PIP for ESA in my previous post. Sorry.
Whilst PIP does not directly consider whether a person is working or not, there will be assumptions about there capabilities if they do and this can be used to offset the difficulties that they have listed in their PIP claim form.
If your daughter is in the ESA WRAG then she is not required to work or even to seek work, if her advisor has said that she does or even implied this then they have exceeded their authority.
I would certainly state in the MR that there is a recording of the assessment but don't expect the DWP to pay any attention to this or to request a copy, they won't and will maintain that the report is accurate unless it is withdrawn by the Assessment Provider or is show to be fundamentally flawed. To be clear, it is perfectly legal to make a covert recording of the assessment, although there can be limitations on what is done with the recording but not transcriptions.
If the report is seriously in error then your daughter might want to think about making a complaint to the AP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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