Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: Legal Advice Centre/Epilepsy

Legal Advice Centre/Epilepsy 3 months 1 week ago #196504

After an initial visit, my representative at an Advice Centre is now unhelpful, she's had my doctor's letter (many thanks to B+W for this) but, although the letter was very, very detailed, she was not impressed and said I could have told the GP what to write!
She has also said, re epilepsy, that I have to prove that I have this number of seizures and without this "proof", I have no chance.
I live alone so it's rare (+ always has been even when I haven't) that there is a formal record. A particular problem is that I haven't reported every single seizure to the GP. Having had this condition for over 40 years. I have never, ever done this - I would have been there every week!
Questions now are:
Can I change my "representative" - how bad would it look?
Is this absolute "proof" of seizures really possible/required? (I'm not sure if the v helpful March epilepsy case helps).
I was so hopeful after I saw the GP so am in a very bad way now.

Please Log in or Create an account to join the conversation.

Legal Advice Centre/Epilepsy 3 months 1 week ago #196520

Alex

I wonder how many Epileptic's in the country have a record of every seizure that they have with testimony from a third party to confirm that it happened?

Getting PIP for Epilepsy is not easy, especially if your seizures do not happen on the majority of days, but I think your advisor is being over cautious with their advice.

Yes you can change Representative but I think you will struggle to now find one that is willing to take on an in-flight appeal.

I don't think that you need positive proof of every seizure that you have had and in particular because the UTT ruling earlier this year made it clear that it is not the seizures that should be considered but the risk of a seizure. Obviously the more you have the more likely it is that you will have one on any given day, so if you only have a couple of them a year then the argument is weak, but if you are having them two or three times a month then I think it is strong.

As to the GP report, unless the panel have reason to believe that you told the GP what to write then they have to accept that the GP's letter/report is their own words.

Gordon
The following user(s) said Thank You: Alex

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Legal Advice Centre/Epilepsy 2 months 1 week ago #198483

Hi Gordon
As I've posted on the GP's letter page, I still think the GP's letter template is absolutely brilliant and mine could not have been nicer or more understanding so no-one should be scared of at least asking.

However, my problem's still the same. My Legal Advisor still states that it's pointless as the Tribunal will be sure she's just written what I've dictated - wouldn't the GMC/GP's Society have something to say about that?). I've been with this practice for over 20 years and she's now the senior partner so would have thought her professional opinion should matter!!!

She also says (emails as no time to see me again) that sending a Submission/Statement is a waste of time - I think it makes sense to attach medical docs to a statement rather than send them in piecemeal/out of context but could she be right?

Getting that letter from the GP made such a huge difference to me - hope at last !!! - but I'm now at the bottom again + don't know how to get through this.

Sorry, the questions:
Do you/anyone know how Tribunals have viewed such letters/info from a GP?

Thanks as always

W

Please Log in or Create an account to join the conversation.

Legal Advice Centre/Epilepsy 2 months 1 week ago #198484

Alex

Tribunals should have an open mind to all of the evidence in front of them and this includes letters from GP's, unless there is actual evidence to support a claim that that the letter was dictated by you, then they should not go there and should accept it as is.

You have an advisor so I need to be cautious in my comments, but this is your appeal and you need to be happy that the best case has been put forward, an advisor is exactly that; someone who offers advice, you should listen to it but do what you consider to be right for you.

Gordon
The following user(s) said Thank You: Alex

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Legal Advice Centre/Epilepsy 1 month 1 week ago #200441

I now have a date for the Tribunal but it clashes with an appointment with a neurologist.
Although I know that the only medical evidence relevant to the Tribunal is as at the date of the Assessment but, as someone who's had epilepsy for a very, very long time, I don't have any real "reports" on it.
Can I/should I try to adjourn the Tribunal because of this? I'd thought that the consultant would, at the very least, be able to do a summary of my condition - especially as it's not really changed since the Assessment date.
Problems with “Advisor” continue +, as it seems her contribution is limited to a name on the form (she won’t be able to go to the tribunal with me) and is wholly negative re me, I probably will have no alternative but to go it alone.
I have been reminded of the “50% rule” but Is the March Upper Tribunal decision still relevant –e .g. I don’t have a tonic clonic or other seizures every day the risk certainly is every day: of course I can’t be sure but I’ve read the decision via B&W and it does seem that it would help me

Please Log in or Create an account to join the conversation.

Legal Advice Centre/Epilepsy 1 month 1 week ago #200451

Alex

Yes, contact the Tribunal Service but you may struggle to get the hearing moved. I would emphasise the importance of your attending the appointment with the Neurologist, but not for more evidence, but rather medical reasons.

Gordon
The following user(s) said Thank You: Alex

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58GordonMrs Hurtyback