Appeal with recurring conditions - Any advice?

Hi there,

I've just had my tribunal date for end of Jan 2018. I'm in the process of going from DLA to PIP. I suffer from 3 fluctuating and recurring conditions and have done since I was 9yrs old (I'm 32 now). The decision we received was grossly inaccurate to the point of bordering on fraudulent statements.

I've made my subject access request and am in the process of going through a LOT of paperwork and have already noticed that statements the HA made have been totally disregarded by the decision maker or even completely rewords. One such example is the fact that although I have chronic pain, due to multiple medications and their interactions, cannot rely on NSAIDs or opioids. This was picked up on by the HA but the DM just made statements of "X is not prescribed pain medication".

I've also contended a lot of inaccurate statements in my tribunal appeal paperwork such as not being on any MH medication (I'm on anti-depressants for anxiety).

However, my biggest concern is that if I'm having a "good day", that this will ultimately reflect badly on me as I cannot quantify when my conditions deteriorate nor for how long. I've read up in the Equality Act (2010) guidance about how the substantial effects are "treated as continuing if it is likely to recur" - surely this is an argument that can be presented given that the EA is also what the PIP assessment derives it's "every day" activities from.

Currently I'm keeping a diary. One of my conditions is skin related so I'm also taking regular photos. Because I've had my problems for so long, I tend to just get on and deal with a lot of problems. I suspect that this positive attitude also worked against me during my initial health assessment.

I also have friends willing to write statements for me about how they've seen me and the impact it had.

Currently my main argument with the decision are the following points:

- The gross misrepresentation of information presented.
- The fact that they are using specific criteria for assessment that the government guidelines actually presents as examples of how you could receive assistance.
- The fact that the activity criteria are far too specific and only offer either a positive or negative answer when there are conditions which do not fall under these criteria at all.
- The fact the PIP exists to assist with additional costs. Just because my costs do not revolve around needing to pay for outside help (such as a carer) does not mean that my additional costs do not exist
- The fact that during the assessment the HA point blank refused to look at my condition on what was a "good day" to see that even on a "good day", my condition still sucked.

Does anyone who has had experience with fluctuating/recurring conditions and appealing have any advice? Am I taking too robust an approach? In the decision I was penalised for being knowledgeable about my conditions, well spoken and engaging with the HA. Right now, I feel that because I have a positive outlook, understand my conditions and have learned to just get on with it, not to mention because they're not "visible" to the average onlooker, that I'm being treated like a fraud.

Hi Gordan, thanks for your reply.

I've changed the name issue - thanks for pointing that out!

I've been having a look around but was having difficulty finding anything about recurring issues. Apologies if I missed anything obvious. I'll continue to look around as well.

Your insight is already appreciated. I'm not going to lie, I'm furious at the fact that I feel like I've been made out as though I've made up how severe my issues can be when I know it's not normal that I've had months at a time where I can barely walk but feel penalised for the fact that on a good day, and naturally the day of my assessment, I was having much more ease moving around and that this isn't normal, but valued as the rarity it is but spent waiting for the next time in dread of when it'll not be like that.

I know it's probably naive, but it feels as though my having been on DLA for the past several years means nothing at all and that the historic guidance and evidence of my doctors regarding my conditions is now being thrown out of the window.