PIP Tribunel

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Hi all,

I have the pip tribunel tomorrow for my daughter, she suffers epilepsy, allergies, asthma and excema, she was getting DLA with the high rate care and middle mobiltiy, well of course it all stopped when PIP come into force. We got turned down the first time, she was only awarded 2 points due to not being able to stand and cook a meal in case she has seizures, we done the reconsideration and still only got the 2 points. hense we have the tribunel tomorrow, they didn't consider that she needs supervision in the bath. pip didn't even contact her GP or Hospital for notes on her condition at all. she was discharged back to the GP from peadiactrics, she suffers with grand mals, petit mals and also is photo sensitive. so of course we have to be careful where she goes, what she watches on tv that sort of stuff. well since we had the letter with the court date she has since had more seizures and the doctor has upped her medication as well as made a referral back to the hospital. will I be able to tell the court this as I have not had the hospital letter as yet. (hoping I get it before tomorrow) basically of course she is nervous about tomorrow, and she is one of these people that don't talk to people she don't know. as well as anxiety but they have not accounted for any of it. so is there any tips people can give me please, I will get back to anyone as soon as possible, we have to pop out today so it will probably be tonight. many thanks to anyone that do have tips for a tribunel.

Michelle

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  • Posted

    Oh may I add, on the PIP report it was stated she was overweight for her height, and she was casually dressed, but it didn't state how she should turn up dressed. and yes she is overweight for her height but that is due to her medication which the docs keep an eye on regulary and also pip stated that her medication was monotherapy. and that she has no insight to her condition, well I'm sure she does as she knows she isn't allowed to go near any flashy lights, or play games with it in, it can even be bought on by the sun flickering through breezy trees. the most recent seizure she had she said everyone went yellow so she does have some insight.

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  • Posted

    Any changes (drugs, effects, worsening of condition) will not/should not be considered by the Tribunal.

    You are there to appeal against a decision and it is how she was, what drugs she was on at the time.of making that decision.

    Any changes that have occurred since the date of the original decision will have to be reported as a 'change of circumstances' which could well result in another face to face assessment following the completion of another PIP2 form.

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    • Posted

      she was on lamotrine 150 am and pm and they have now upped them to 200 am and pm as well as referred her to the hospital in case they want to change her medication. 
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    • Posted

      sorry spelt it wrong lamotrigine as well as her other meds, them are the ones for her epilepsy.
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    • Posted

      The deterioration and referral back to the hospital won't be considered if it's a recent change.  It might be useful if you said in your original application that her condition wasn't well controlled, that she could be stable on medication for a brief period and then deteriorate and have to go back for further input. If this is a variable condition but the assessor took a view on her condition during a brief good patch and ignored variability then I'd say it does give further evidence of something that existed at the time.  The deterioration itself won't be relevant as that's happened since the original assessment but if you make it clear that you're using it as evidence of variability that you claimed originally they might look at it.  Worth a try - they can ignore it if they decide it's not relevant but they can't consider it if you don't tell them.

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  • Posted

    Hi Michelle

    I'm not trying to be judgmental but it is important for you to know this. You are making the classic PIP mistake (nearly everyone does this) in believing that your Daughter's condition is enough to get a positive outcome.

    Another hospital report will make no difference. You have proved your daughter suffers with epilepsy, allergies, asthma and eczema. The next bit is for you to show you provide personal care because of the way your daughters condition affects her and match that to the PIP descriptors.

    For example do you apply any treatment cream (personal care) for eczema on a regular basis? If so then why can't your daughter do it?

    With the epilepsy why do you need to supervise your daughter to stay away from flashing lights? The Tribunal will want to know why a 16 year old can't do that herself unless there is some mental health reason or other physical ailment.

    All our children grow up at sometime and we have to accept that at some point they will become more responsible for themselves. The Tribunal will take this view so to be successful you will need to explain in a concise and consistent way why your daughter requires personal care which she cannot provide for herself.

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    • Posted

      Thanks Anthony for making those very valid points.

      The best way that I can think that would establish beyond doubt what actually are the needs would be to have input by Social Services asking them to prepare an assessment and care plan. 

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    • Posted

      Thank you for your reply, I have already typed all this once and then it disappeared. I understand where you are coming from, right say my daughter was watching a tv program and suddenly there were flashing lights, with no warning, I know some programs warn now, she can't obv watch them ones, but if they start all of a sudden she wont be able to get out of the room quick enough as the first couple of flashes will set it off, we were round a friends last week and stood in her kitchen just chatting and all of a sudden my daughters head started jerking voilently, I tried to catch her but couldn't get there as quick, she then landed bumping her head, hense she has bumps and bruises.and she is quite tall so a long drop for her.even walking through on a sunny day, if the trees are blowing that then causes a seizure due to the bright sunshine flashing through the trees. she can't do things a normal teen can do like go to discos and stuff a like as it's not just strobe lights that can bring them on, it seems to be any flickering type of light.and also needs supervising when bathing, regarding her allergies, I have to check whats in her food due to the food she is allergic too and even some shampoos like polytar for excema, due to the fact that has nut oil in it and she came out big time in more excema due to an allergy of the shampoo. anyway thank you for the reply even though I have typed this twice lol.

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    • Posted

      Thanks for the further information. I'm only trying to point out the difficulties you will face rather than give you false hope. If by doing that you get to understand the PIP process better your chances of success will increase.

      You have expressed 2 criteria where you may score point’s; assistance with bathing and supervising her food intake. Again the problem you will run up against is why can't your daughter check the shampoo bottle? Also as you know which Ingredients cause the problems then you can easily avoid buying them in the first place. Unfortunately for you that wouldn’t amount to personal care and the same could be applied to checking her food.

      You do have a valid point about accompanying your daughter on journey's out as her condition is very sensitive and any unknown source of flickering light could trigger a seizer. I would guess you should be entitled to standard mobility for that reason.

      I tried to touch on the difference between child DLA and adult PIP in my last reply. Children rely on their parents much more than adults do. Once a child becomes an adult the DWP would expect them to take much more control of their lives. In your circumstance that means your daughter can check her own shampoo/food/up and coming TV programmers unless there is some extreme circumstances why she can’t.

      I’ll finish by saying that in your original post you stated that the assessor found that your daughter didn’t seem to have an insight to her condition? If I have read that correctly then I’m confused as that should trigger the need for personal care (checking shampoo etc.) because if your daughter has no insight to her condition then how is she supposed to know when she is in danger of harm?

      Just a little point which maybe is of assistance or not.

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  • Posted

    It might not be too late to find a social welfare worker. For an appeal or a phone call in the morning.

    It sounds like your're not prepared at all so could you phone and ask for a delay?

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    • Posted

      HI HUN, i don't think they will do that as I have been waiting a long time anyway, and PIP did not contact anyone for more information i.e. the doctors, hospital. I just find it annoying that she was getting DLA and now nothing, I know PIP does things differently, too diffrently if you ask me. I did have my housing officer helping but they said they can't be there with us, so I think I have to grin and bare it tomorrow and hope for the best.  the PIP report we got back basically has slated her(rather rude) but they did causing her anxiety and all that x

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    • Posted

      .....I just find it annoying that she was getting DLA and now nothing..... the PIP report we got back basically has slated her(rather rude)

      Par for the course if nothing else. Mind you one poster on here actually stated that the assessors are highly trained in disability aseessments - personally I dread to think what the rest are?

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    • Posted

      to be honest, I don't think they would know a disabilty if it bit them on the butt. but i bet they will be the first ones to claim if any of their family has a disabilty.

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  • Posted

    Hi Michelle, I went to a tribunal in May, When you go into the meeting room the judge explain who is on the panel eg doctor and disability association. The judge will say the meeting is based from when you went to the assessment and not how it's affecting your daughter now and they have to satisfy DWP! At the assessment I got 0 points, at the tribunal I was awarded standard PIP for daily living and mobility. If you want anymore information let me know. Good luck tomorrow, Twiglet,

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