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SEVERE OBSTRUCTIVE SLEEP APNOEA

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7 years 7 months ago #166328 by Ernst
SEVERE OBSTRUCTIVE SLEEP APNOEA was created by Ernst
I have been turned down for PIP, so submitted a request for Mandatory Reconsideration, which was also turned down.

I was wondering if anybody had had any success in persuading the DWP that they need somebody to monitor their use of CPAP?

I regularly nod off in the evenings. I've no idea it's going to happen, as I don't feel tired; I simply nod off. Also, when I wake up in the mornings and take my mask off, I often go back to sleep without it on. I have to rely on my husband to make sure I wear my mask when I sleep.

For me to go to sleep without using my CPAP machine is dangerous, as it increases the risk of heart attack, stroke or even death. Despite this, the DWP will not award me any points under the Managing Therapy descriptor.

I should be grateful for any thoughts/experience on this subject, as I do not want to go to appeal if it's a complete waste of time. At the same time, I really feel that I should be entitled to maximum points,

Thanks.

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7 years 7 months ago #166339 by Gordon
Replied by Gordon on topic SEVERE OBSTRUCTIVE SLEEP APNOEA
Ernst

I'm not aware of any Case Law in this area.

Did you score any points for Managing Treatments?

Were you able to state an quantity the risk of complications if not monitored?

Gordon

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

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7 years 7 months ago #166370 by Ernst
Replied by Ernst on topic SEVERE OBSTRUCTIVE SLEEP APNOEA
Hi.

I didn't score anything for this descriptor, despite the fact that I explained the dangers of not using my CPAP machine. I'm wondering if I'm allowed to submit internet articles as evidence at appeal, or whether I need to get my sleep doctor to write a letter. The problem is that because my sleep apnoea is being "treated", nobody seems to think that my nodding off to sleep is related to it in any way. Many other sleep apnoea sufferers have the same problem. The medical profession seems to think that once you've got your CPAP, everything's fine. Perhaps they don't believe I nod off to sleep...................I'm finding it all very depressing. My husband wrote a letter, which went in my original application for PIP, explaining how I nod off and how he has to wake me and make sure I use my CPAP, but it seems to have been ignored.

Thanks for getting back to me :)

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7 years 7 months ago #166382 by Gordon
Replied by Gordon on topic SEVERE OBSTRUCTIVE SLEEP APNOEA
Ernst

There should be no problem with you using material from the internet, try and keep it short and make sure that include details of where you sourced it from.

Sleep Apnoea is not viewed well by the DWP and Tribunals, if you are to have any chance of success you need to establish the risk to you personally of failing to use your CPAP machine, it would help if you could cite when you have required additional medical attention because of you failing to use the machine.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 7 months ago #166823 by jacksmum1
Replied by jacksmum1 on topic SEVERE OBSTRUCTIVE SLEEP APNOEA
I recently transferred from DLA to PIP

I too use CPAP and was informed by my consultant that if not used I am at risk in several ways...falling asleep suddenly, heart attack and even a stroke, hence the importance of using CPAP treatment nightly.
I was not acknowledged (even though I reported on my PIP application form) that I am unable to lift my arms above my head to fit the headgear through fibromyalgia pain and that my husband fits it every night for me, and has to remove it and refit two or three times a night after my using the toilet. Yet I too was reduced to standard rate PIP in daily care from enhanced DLA! They also deducted points saying I use an aid to shower (stool) when truthfully I told them that after sitting on my stool my husband has to bathe me comnpletely and wash my hair!! Now I have to think about mandatory reconsideration for my care. I did get my enhanced PIP for mobility which hasn't changed from my DLA.. so sick of struggling with these morons!
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5 years 11 months ago #211869 by Stephen Daniels
Replied by Stephen Daniels on topic SEVERE OBSTRUCTIVE SLEEP APNOEA
The thing about PIP is not about the diagnosis or prognosis, only about how the condition affects your activities of daily living and how you function. If your only repost is that you have the condition, this means nothing of itself, which is the case with any other disability.

Before you think about completing an application you need to have written down every single effect of your condition, and how you may have had to adapt with help, across the key point scoring areas of the application. It is not unusual for any claimant to score 0 points initially, an do not be discouraged by this. But its an evidence based assessment process and without evidence of some description the application will 'fail,' no matter what a clinical diagnosis says.

I am not defending a system which fails so very many, but this is not as risk assessment and not a diagnosis confirmation process, its about how deleterious your condition is on a daily basis and the adjustments you have to make.

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