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TOPIC: Assessors report for seizures

Assessors report for seizures 3 weeks 4 days ago #201293

Hi, I’ve just received a copy of the assessors report for my daughter who is going from dla to pip. At first glance it seemed quite accurate and she has been awarded points for supervision when preparing food which seemed promising but then 0 points for everything else. She has seizures which are mainly triggered by loud noises, if she hurts herself, sudden shock or if she’s ill. I explained that most of her seizures occur whilst eating, food being too hot or cold, strange texture, biting tongue and when bathing, sudden change in temperature going from hot water to cold air always causes a seizure. For these reasons she is always supervised whilst eating and bathing as a seizure is more than likely to occur which could result in choking and really hurting herself if collapsing in the bathroom and possible drowning. On the report it states that she eats 2 meals a day, is a normal weight and on the balance of probability she can take nutrition unaided. On bathing it states that she is capable of checking the water temperature which she is but The seizures happen with the shock of going from cold air into hot water and vice versus. They normally happen when getting out of the bath from hot water to cold air. They state she is capable of putting a warm towel on the radiator forcehen she gets out which she is but the seizures happen immediately as she stands up to get out of the bath, that is why I always supervise her. I cannot understand how they agree she needs supervising whilst preparing a meal yet think it is safe for her to eat and bathe alone. To be honest she cannot undertake any activity safely as the risk of seizure is always there. They have however awarded maximum points for being unable to follow a journey. From this report I assume she may receive no care element of pip but high mobility. She was in middle rate care and low rate mobility dla. I know we risk losing anyvaward if we appeal but I definitely think she is entitled to 2 points on nutrition and 2 points on bathing fir her supervision needs. Any advice would be greatly appreciated, many thanks

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Assessors report for seizures 3 weeks 4 days ago #201304

  • Gordon
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AS the assessor has offered alternatives strategies that they believe would mitigate the risk when bathing I would start by explaining why these would not work for your daughter.

You don't mention the difficulties that she has with eating, but I would suggest a similar strategy, define the problems she has and why these are not reduced by the use of aids.

It will always help if you can include examples of when she has hurt herself, especially if this has necessitated treatment at her GP's or hospital.

Gordon

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

Assessors report for seizures 3 weeks 4 days ago #201309

Thank you for the advice, I thought that would be the best approach. She has no physical difficulties with eating but if food is too hot or cold or she bites her tongue whilst eating for example this will trigger a seizure and can cause her to choke as well as the other dangers of injury during a seizure. She needs constant supervision at all times, that is how we manage her condition. We will put together a letter for mandatory reconsideration and explain why the suggested alternatives would not work. Failing that it will be off to tribunal. I have been down this route before with dla and had the decision overturned in her favour before I even stepped into the room so I know it’s worth pursuing. Many thanks for your help

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