i have epilepsy and refused pip

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hi my partener suffers from uncontroled epilepsy and nesd.she had 25 fits last year and thats not including nesd ones.we whent to a tribunal and she was refused on the grounds that she can speek to people.and that she can get out of bed and off the toilet they did not take it that after she had a fit that she needs looking after 247. im her carer so im here 365 days a week 247 but it seems to me that they were not intresed in her condision. can any one help us with what we can do next thanks.

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  • Posted

    I too have epilepsy and I've also been rejected although I haven't had my tribunal yet but fingers crossed. I think the problem you will have is 25 fits isn't a awful lot really, they say you need to have fits for more than 3 of the days in a week. I have maybe 2 fits one week then could have 7 the week after. What is nesd? You can take it to upper tribunal if you wanted too, did you get plenty of supporting information off GPS, specialists etc?

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  • Posted

    hi my partner is uncontrolled so she could have more fits or less depanding on stress levels and sleep patten.pip took her clame from last year thats why it 25 fits the year before she was in ict five times due to fits.neds is none epilepsy fits.there is no cure for it or any meds that can help.we are going to the upper tribunal.we had the backing from her doctor and all other parties that help my partner.allso the quilty of life for my partner is not great as she could have a fit at any time with out notice or warning.
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    • Posted

      Explain to them that she has very high anxiety levels as her condition is so unpredictable I guess your with her all the time and see the effects it has on her life I to suffer from epilepsy and have just been to tribunal I won at enhance rate for both components so there is hope out there have you tried contacting your local MP
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  • Posted

    Hi my son who is 2 1/2 he has epilepsy he had a lot of fits he on tegetol and when he had a fit he needed a lot of help I had to fight to get him dla he has drop fits to he had dla last year and then this year thay refused it so I phoned and said it's rediculess that my son suffers he needs a lot of support then in the end gave him low rate it's a joke how thay work it all out
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  • Posted

    Go to the doctors tell them how she suffers get a letter off them give that ago
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    • Posted

      No good GP would consider doing that!

      It seems to me that you are suggesting that they go to see the GP, give them chapter and verse on all of the difficulties that they have then expect the GP to tell the DWP that same information on the basis that they can confirm what the patient said in the first place - it's called heresay evidence an not worth the paper it is printed on.

      The evidence needed is what has been observed over a period of time not what somebody has told them is happening.

       

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    • Posted

      Some specialists come to your home to see you, my epilepsy nurse comes out every fortnight to see me while my seizures are still uncontrolled because I can't stand to leave the house, I got evidence off him stating it's unsafe for me to bath and cook alone, but didn't ask him to write that, asked him if he could do me a letter to back my claim up which he said no but he'd do me a review of my disability, it stated what he considered safe and unsafe for me to do
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  • Posted

    Most doctors won't give letters out explaining what people can and can't do, they can give letters explaining the impact it can have on your life though, for example the low feelings or anxiety, any letters you have off the specialist referring her to counselling etc send them all in
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  • Posted

    Hi Laura

    Your partner has fallen foul of the new way people with conditions/disabilities are assessed for PIP a benefit which is awarded to help with the extra cost of disability.

    Daily Living component has 10 separate descriptors which have an individual score. Score enough (8 points for standard, 12 points for enhanced) and you receive the benefit. Unfortunately some people only score between 0-7 and receive nothing, it’s that finite.

    There is also the 50% rule. This is where the descriptors have to directly affect the claimant more than 187 days per year to be counted. To explain this means your partner may at some point require assistance with washing and dressing for example, but she will not score the points unless this care is required for more than 50% of the days over the past 12 months.

    This is where your partner’s problems lay. The Tribunal seems to have come to the conclusion that your partner hasn’t got enough ‘care days’ to qualify for PIP descriptors.

    If you are to take this to the upper Tribunal then you need to show that the Lower Tribunal erred with this finding. As said above 25 epileptic fits is probably way too little to on the balance of probabilities prove your partner needed care for more than 187 days.

    However, you mentioned she suffered Non-Epileptic Attack Disorder. How many events did she suffer from with NEAD? Bit of a long shot but if she suffered for example with 50-75 attacks of NEAD then with recovery time from these and the epileptic fits might be enough to get your partner over the 187 day threshold.

    More medical evidence is always handy but on this occasion you will probably need evidence of your partners fits. You should make a diary of events over the past 12 months with a full description of the days where you provided personal care.

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  • Posted

    The problem you will have though is a doctor won't vouch for you saying it's unsafe to do things if you only have them a tiny amount of a year, 25 fits in a year is very minimal
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  • Posted

    Hi Laura sorry you lost your pip im in same boat and iv got to pay back £545 to ESA overpayment even thought I informed JOBCENTER PLUS that did not inform ESA I as ment to ring them, no help there, I be getting £77.98 per week and they take £11.10 off that per week and I have all bills and food to live on, leaves me £9.25 for food per week, Now as getting reports from DOCS for PIP my first report from my DOCS said JOHNS (has 3 to 4 fits a week) sent to PIP and there 4 parts for the DOCS to fill in they never filled a whole line for me (THANKS MY GOOD CAREING DOCS NOT) I as to be reconsided and as for reports to be sent to me to see all reports and the first report I got was my first page was my name my date of birth my address my nat in number, next page and rest of report was for a women who was from England and chiness 68 yrs old had knee replacement wud not have perods any more came from cambrigh, problem is I live in Scotland am male aged 61, so iv got no chance cos I don't know if im a man or women or where I live

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