PIP advice needed

Soulou

Hi, I'm new to this site, I am trying to get PIP for hemiplegic migraines. I was in and out of hospital as they thought it was mini strokes, but these have now been ruled out. The problem I have is I can suddenly collapse with no warning sometimes more than once a day other times have gone two weeks. I am completely unable to move the right side of my body for several hours and my husband really struggles to get me up and into a chair or bed. I need varying amounts of care, have not gone into my kitchen in months as its small and not possible to get a wheelchair in to get me into due to shape of kitchen and it's far to dangerous for me to use a kettle or cooker in any form, the last time I cooked back in July I collapsed and had a pan of mince on the stove luckily it stayed there and I fell to floor and my husband found me 15 mins later.
I have been turned down and will appeal but think the problem could be because it is intermittent, a few weeks ago I had an attack whilst having a bath and needed the ambulance service to get me out.. We have now bought a seat to go over bath and a long shower hose!! We have got alarms and key box out side for when my husband does go out, but can only leave me for a short while. I need help with toilet needs, getting dressed etc. during attacks other times I'm generally ok. My doctor, local CAB office etc all think I should get help, my husband does so much as he feels it's so dangerous and have managed to get someone to do ironing. Would a risk assessment help of kitchen and other things we think are dangerous for me to do/use.
Has anyone else tried to get PIP for a condition that is not present all the time? Feel really desperate about this.

calcotti

PIP assessment is supposed to be based on how you are most of the time, that is 51% of the time. With intermittent impacts it does therefore come down to frequency.

https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-1-the-assessment-process

Variability
1.8.17 In some health conditions, the level of disability varies over time. These conditions are characterised by periods of remission and relapse or ‘good’ days and ‘bad’, during which the level of functional impairment can change for example multiple sclerosis or chronic fatigue syndrome. When advising on descriptors and justifying advice, the HP should consider the functional effects of the claimant’s health on the majority of days.

1.8.18 Advice about variability should be clarified by looking at the effects of the health condition or impairment on daily living and/or mobility on good, bad and average days and not on how the claimant was on the day of assessment. The HP must quantify the proportion of ‘good’ days to ‘bad’, for example if the claimant has epilepsy it is a question of the type, frequency and after effects of the seizures. It is essential to describe the claimant’s function as described both on ‘bad’ days and on ‘good’ days for the CM to understand the claimant’s circumstances and the consequences of their health condition or impairment

You may want to look at the concept of reliability too https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria#reliability-1

Alice_Holt

There is a ruling of the Upper Tribunal that I think could apply to you, and would be a powerful argument to put in your appeal submission:
The reference for the UT ruling is CPIP/1599/2016
This determined that the risk and severity of harm should be taken into account by the DWP. It doesn't appear that this has been considered in your case. Here is some info from CPAG about this ruling:
https://www.disabilityrightsuk.org/news/2017/april/risk-harm-need-not-be-%E2%80%98more-likely-not%E2%80%99-when-assessing-pip

And from Benefits and Work:
https://www.benefitsandwork.co.uk/news/3611-safety-and-supervison-ruling-could-mean-pip-for-many-more-claimants

"The panel of Upper Tribunal judges rejected the DWP’s 50% rule.

Instead, the panel held that the decision maker should look at whether there is a real possibility that harm might occur and also at how great the harm might be. The greater the potential harm, the less likely it needs to be that it would happen on any specific occasion.

At paragraph 56, the tribunal held that:

“An assessment that an activity cannot be carried out safely does not require that the occurrence of harm is “more likely than not”. In assessing whether a person can carry out an activity safely, a tribunal must consider whether there is a real possibility that cannot be ignored of harm occurring, having regard to the nature and gravity of the feared harm in the particular case. It follows that both the likelihood of the harm occurring and the severity of the consequences are relevant. The same approach applies to the assessment of a need for supervision.”

For example, someone who is deaf may be unable to hear a smoke alarm if a fire starts when they are bathing.

The risk of a fire starting on any given occasion is very small, but also very real. And the harm that might occur if the claimant was caught in the bathroom during a fire is potentially fatal. So, the risk is small but the potential harm is very great. Therefore the claimant cannot carry out the activity of washing and bathing safely unless they have supervision.

The same logic will also apply to people who have epileptic seizures and need someone to keep them safe if they do."


Do you think this would be applicable to your situation?


More general info about appealing a PIP decision:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

I would suggest you see if you can get specialist help with the appeal from your local advice centre / CAB / welfare rights unit.

calcotti

Excellent advice from Alice. This is supported by a DWP memo https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718722/adm15-18.pdf

It is covered by the safety part of the reliability test contained in my earlier post.

Soulou

Thanks, been to CAB now fingers crossed. When people say they have waited about 50 weeks is that from starting claim or tribunal process? Finding it so hard to understand it all

poppy12345

Soulou wrote: »

Thanks, been to CAB now fingers crossed. When people say they have waited about 50 weeks is that from starting claim or tribunal process? Finding it so hard to understand it all

That will be from when the Tribunal accept your appeal.

Soulou

Today I have received a copy of the DWP reply to the courts and for the first time seen what was written at the f2f and it seems they have twisted everything I said and contradicting my initial claim form as she wouldn't let me explain things. Should I send a letter to the court stating this or wait till the appeal? So confused by it, feel like giving up my claim, but my husband hurt himself last week trying to lift me

poppy12345

Soulou wrote: »

Today I have received a copy of the DWP reply to the courts and for the first time seen what was written at the f2f and it seems they have twisted everything I said and contradicting my initial claim form as she wouldn't let me explain things. Should I send a letter to the court stating this or wait till the appeal? So confused by it, feel like giving up my claim, but my husband hurt himself last week trying to lift me

The Tribunal won't be interested in any lies that may have been told in the report. They will only be interested in which descriptors you think apply to you and your reasons why.



Any complaints about the report should be sent to the health assessment providers.

Alice_Holt

Soulou wrote: »

Today I have received a copy of the DWP reply to the courts and for the first time seen what was written at the f2f and it seems they have twisted everything I said and contradicting my initial claim form as she wouldn't let me explain things. Should I send a letter to the court stating this or wait till the appeal? So confused by it, feel like giving up my claim, but my husband hurt himself last week trying to lift me

"copy of the DWP reply to the courts" Is this the evidence bundle from the DWP? It will have numbered pages, and include your PIP form, the assessment report, and the DWP reasoning for their decision. Possibly c.100 pages of it?

Is your local CAB helping you with the appeal - are they acting as your representative?

This is a very good guide to the process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

You will see that you should write a statement to the Tribunal Service, setting out why the award should have been given. This needs to address the specific need for supervision (in such PIP activities as preparing food, washing, taking nutrition, medication, etc) because of the severity of the risk to you when you suffer your collapses.
Are your local CAB able to assist with this?

This site has very good guides to help you with an appeal (but membership is c.£20k per year):
https://www.benefitsandwork.co.uk/personal-independence-payment-pip

As poppy says, your submission needs to be concerned with the descriptors and show why and how an award should be given. Quote the case I referred to in my earlier post, and explain why this applies to you. A submission should be concise (3 / 4 pages at the most).
Briefly identify any important inaccuracies in the assessment report and any internal inconsistencies, but don't criticise the HCP. If you feel strongly that the report is a misrepresentation - then address that in a complaint to the company. Your submission needs to be measured, consistent, and compelling.
Do attend the hearing, that way you can expand on the points made in the submission, fully explain how you are affected day to day, and clarify any points.

72% of PIP appeals succeed - https://www.disabilityrightsuk.org/news/2017/november/senior-judge-says-dwp-evidence-tribunals-so-poor-it-would-be-wholly-inadmissible

WhenIam64

As poopy says

Oh dear....

Friday evening humour.:)

Soulou

Last week I had my tribunal, they didn't have time to discuss it, so said we would get results by post. It came 2 days later and got standard rate for daily living (11) points, and enhanced for mobility. So very pleased although only missed enhanced by 1 point for daily living. It's been back dated to last December (42 weeks) and awarded for 4 years. Does anyone know how long it takes to get payment?
Knowing this site was here has been like a comfort blanket, incase I felt I needed help, so thanks to everyone :j:j