Help with PIP

Hi we recieved my wifes discussion today and she has only got 6 points for the daily living element, they have given her points for preparing food as able to use a microwave, she has seizures 4-5 times a week complex partial lasting 20 min and 20 times a day myoclonic seizures. We explained that preparing a simple meal requires supervision and the assessor even said at the time she can see why that applies yet she did not select it in her report. This means my wife falls short of 8 points needed. Are there any references etc.. i can use in a mandatory reconsideration , possibly something to help me in explaining she needs supervision in preparing a simple meal. Whats strange is she got bathing as supervision as she needs me to be there due to safety so why has she not got this in activity one. We had this same issue on her previous claim 2 years ago where we had to go all the way to the tribunal to get her award, i even included that ruling from that tribunal stating what they awarded her,

ANother point she didn't get was mixing with other people, the assessor has given her 0 points on the basis that she managed to speak to the assessor and explain her condition etc.. but this isn't the same as social , my wife had no choice but to go to the assessment and it was bad enough she was very anxious and scared. Our evident states my wife does not mix with others and needs prompting from myself to engage with people but the assessor has overruled this based on the one 40min assessment where my wife had no choice but to answer her questions.

it just feels to me that a little tweak here and there by the assessor so my wife doesn't score enough points has been deliberately made.. when we left the assessor said she sees that my wife's condition hasn't changed making us think it will just be awarded the same as last time.. so why has she score less points that she did in her previous PIP award!!

Hi Gordon

Many thanks for your response, my wife doesn't have any warning of a seizure it just happens, shes doesn't fall when she has a seizure however she would drop anything she is holding or wave her arms up and down in a frantic motion, she also doesn't just sit down while in a seizure she would just walk around trying to carry on with the activity she is doing but have no awareness of what she is doing.

We explained that she has burned herself taking hot food out of the microwave before and has even poured hot soup onto her lap. I think your point is valid, its not so much the cooking aspect its the fact they haven't looked into the whole preparation and getting the meal ready to eat safely. While using a microwave reduces the risk the risk is still there.

I want to be very careful with my argument however as she got points for supervision for wash and bathing and my argument is what is the difference in getting supervision in washing and bathing for risk of slipping or injury caused by that activity as opposed to risk of burns caused by dropping hot liquids and food, there is a risk.

Having done my research i planned to point out that recent Upper Tribunals have ruled that in cases such as Epilepsy where seizures occur with no warning supervision is required during activities so in the case of activity 1 she should receive 1 e as this supersedes lower scoring descriptors and using a microwave should not even be considered?

My wife needs constant prompting in social situations she needed quite a lot support from myself to attend the assessment. Shes doesnt see family that often at all and doesnt have any friends, the anxiety and embarrisment casued by incontence and seizures make it very difficult for her, the assessor had her on a good day where the day before she had had 2 seizures in that day because of the overwhelming stress and worry about the assessment.

I think what worries me is i can put these arguments across im scared they may take points off, however we need 2 more for her daily living and it seems unfair its been taken away when things have not changed and a tribunal only 16 months early awarded her 8 points but surely if she doesn't get a warning sign before her seizure she should qualify for supervision role.

Thanks

Thanks, i will do , i actually read it on your site
www.benefitsandwork.co.uk/news/3611-safe...-many-more-claimants

are you saying i shouldn't use this in my response for the MD, or that i should focus more on the fact she gets no warning signs when having a seizure? we explained that we do not have any sharp knifes in the kitchen for example, my wife is extremely fearful of knifes she has in the past cut her self when have a myclonic jerk type seizure with a knife and also we did say she used to self harm which is one of the reasons we dont have them as it reminds her of those bad times,, however that wasnt even written in the assessor report. The hard part is because of this she doesnt do any cooking or preparing meals i do them for her, i make her sandwiches for the day or buy them premade from the shop, its a fear or being hurt coming to harm from not knowing when the seizure is going to come from.