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  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
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    OP I’ve sent you a direct message with some epilepsy specific information for claiming PIP. You do need to highlight that there’s more to epilepsy than the seizure itself and the suggestion of sitting in a bath with a shower over your head is sheer ignorance and frankly insulting. If that’s written down anywhere I’d consider a separate complaint against the HCPs governing body, this is the 21st century !!!!!!!
  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
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    For anyone reading this thread for info, here is some epilepsy specific information and an update on epilepsy/supervision and PIP. There was a ruling at the start of the year around supervision.

    "An Upper Tribunal Ruling which could benefit people with epilepsy

    Until recently the DWP have interpreted the 50 per cent rule as you being affected by your epilepsy more than half the time. When they have looked at issues around safety and supervision, they have said that in carrying out an activity (such as cooking) it needs to be more likely than not that you would have a seizure 50 per cent of the time. A court ruling in March 2017 (called an Upper Tribunal Ruling) disagreed with the DWP’s interpretation. It said that the PIP assessor should consider these 2 things:
    How likely it is that you would come to harm and
    How great the harm could be
    The greater the possible harm, the less attention they will need to pay to how likely it is that it would happen.

    For people with uncontrolled epilepsy there is always the risk of having a seizure. The level of harm you could come to would depend on what type of seizures you have and how unpredictable they are."

    This is from https://www.disabilityrightsuk.org/sites/default/files/pdf/PIPGuidetoclaiming7July2017.pdf

    "Completing the form

    Describe the difficulties you face in as much detail as possible.
    Do you need help from another person to do the activity?
    If you do need help, what kind of help do you need? Does someone physically help you, reassure you, encourage you, remind or explain to you how to do something? Or do they need to supervise you?
    Do you use aids and/or appliances to help you in an activity? If you do, say what they are and how useful they are.
    Can you do some parts of the activity but not others?
    Are you unable to do the activity at all? Explain why.
    Can you do an activity but it takes you a long time? How long?
    If your needs vary, describe in what way and how often? Explain about good and bad days or how your needs vary throughout the day.
    If you regularly have accidents – such as falls – or are at risk of having accidents, explain why and when they happen.
    Do you have any side effects from doing the activity? Do you experience pain, breathlessness, tiredness or stress and anxiety either during or after the activity?"

    "Supporting evidence
    As well as completing the form, the DWP encourages you to send copies of any supporting
    evidence you have. Getting clear supporting evidence can make a real difference to how
    successful your claim is. This could include:
    • Prescription lists
    • Care plans
    • Seizure diaries
    • Reports from healthcare professionals
    • Letter from your social worker or carer, or a relative or friend who helps you and
    knows about your difficulties
    If the way your epilepsy affects you varies over time, you could send a diary to show the
    difficulties you have over a number of days or weeks. "

    The Epilepsy Action Helpline freephone number is 0808 800 5050.

    The above information is relevant to completing a PIP2 form, raising a MR, and writing an appeal submission.

    GlasweJen - Is there anything I haven't covered which you have PM'd to the OP?

    OP - can you tell us how you think you get to 8 points.
    - Who completed your PIP form - does it get you to the necessary 8 points?
    These are quite important for your forthcoming appeal.
    Please answer my questions, as I've spent time trying to help you.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    Alice_Holt wrote: »
    For anyone reading this thread for info, here is some epilepsy specific information and an update on epilepsy/supervision and PIP. There was a ruling at the start of the year around supervision.

    "An Upper Tribunal Ruling which could benefit people with epilepsy

    Until recently the DWP have interpreted the 50 per cent rule as you being affected by your epilepsy more than half the time. When they have looked at issues around safety and supervision, they have said that in carrying out an activity (such as cooking) it needs to be more likely than not that you would have a seizure 50 per cent of the time. A court ruling in March 2017 (called an Upper Tribunal Ruling) disagreed with the DWP’s interpretation. It said that the PIP assessor should consider these 2 things:
    How likely it is that you would come to harm and
    How great the harm could be
    The greater the possible harm, the less attention they will need to pay to how likely it is that it would happen.

    For people with uncontrolled epilepsy there is always the risk of having a seizure. The level of harm you could come to would depend on what type of seizures you have and how unpredictable they are."

    This is from https://www.disabilityrightsuk.org/sites/default/files/pdf/PIPGuidetoclaiming7July2017.pdf

    "Completing the form

    Describe the difficulties you face in as much detail as possible.
    Do you need help from another person to do the activity?
    If you do need help, what kind of help do you need? Does someone physically help you, reassure you, encourage you, remind or explain to you how to do something? Or do they need to supervise you?
    Do you use aids and/or appliances to help you in an activity? If you do, say what they are and how useful they are.
    Can you do some parts of the activity but not others?
    Are you unable to do the activity at all? Explain why.
    Can you do an activity but it takes you a long time? How long?
    If your needs vary, describe in what way and how often? Explain about good and bad days or how your needs vary throughout the day.
    If you regularly have accidents – such as falls – or are at risk of having accidents, explain why and when they happen.
    Do you have any side effects from doing the activity? Do you experience pain, breathlessness, tiredness or stress and anxiety either during or after the activity?"

    "Supporting evidence
    As well as completing the form, the DWP encourages you to send copies of any supporting
    evidence you have. Getting clear supporting evidence can make a real difference to how
    successful your claim is. This could include:
    • Prescription lists
    • Care plans
    • Seizure diaries
    • Reports from healthcare professionals
    • Letter from your social worker or carer, or a relative or friend who helps you and
    knows about your difficulties
    If the way your epilepsy affects you varies over time, you could send a diary to show the
    difficulties you have over a number of days or weeks. "

    The Epilepsy Action Helpline freephone number is 0808 800 5050.

    The above information is relevant to completing a PIP2 form, raising a MR, and writing an appeal submission.

    GlasweJen - Is there anything I haven't covered which you have PM'd to the OP?

    OP - can you tell us how you think you get to 8 points.
    - Who completed your PIP form - does it get you to the necessary 8 points?
    These are quite important for your forthcoming appeal.
    Please answer my questions, as I've spent time trying to help you.
    Thanks Alice, great post! which i'm sure will help others reading it.
  • borogers
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    Thanks Glaswejen...
  • poppy12345
    poppy12345 Posts: 17,950 Forumite
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    borogers wrote: »
    Thanks Glaswejen...
    What about the questions that Alice asked you in post #14? She's trying to help you and took the time to write that long post. :eek:
  • bspm
    bspm Posts: 541 Forumite
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    poppy12345 wrote: »
    What about the questions that Alice asked you in post #14? She's trying to help you and took the time to write that long post. :eek:

    Judging by the times people have posted i'm guessing the OP saw the message off Jen then went off to read it and probably has not seen Alices excellent post yet.
  • borogers
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    Hi Alice.... 1,Preparing food. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. points. 2 points..i have had seizures cooking in the past and scolded my arm and cuts of hitting my head on the cooker and on one occasion even the microwave set a sizure off.. Managing therapy or monitoring a health condition.. 2,supervision, prompting or assistance to be able to manage medication. 1 point i do suffer a lot with depression so the wife gives me my tablets on time... 3,Washing and bathing...Needs supervision or prompting to be able to wash or bathe. 2 points ..the wife sits in the bathroom with me in case i have a seizure and drowned.. 4,Making budgeting decisions..Needs prompting or assistance to be able to make complex budgeting decisions. 2 points. i do get long bouts of depression after seizures plus the after affects of sizures i am usually no good for the rest off the day so the wife does the budgeting decisions ....that's 7 points but i only go for number 2 twice,three,times a week so if i am incontinent once usually twice a week is that not 50% of the time same has chopping up food using sharp knives.... Planning and following journeys.. For reasons other than psychological distress, cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.10 points its not save for me i need someone with me when i go out, i got hit by a bike on one occasion after coming round from a seizure ...
  • borogers
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    sorry i do appreciate Alice's post ...thanks Alice
  • Ames
    Ames Posts: 18,459 Forumite
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    borogers wrote: »
    Hi Alice.... 1,Preparing food. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. points. 2 points..i have had seizures cooking in the past and scolded my arm and cuts of hitting my head on the cooker and on one occasion even the microwave set a sizure off.. Managing therapy or monitoring a health condition.. 2,supervision, prompting or assistance to be able to manage medication. 1 point i do suffer a lot with depression so the wife gives me my tablets on time... 3,Washing and bathing...Needs supervision or prompting to be able to wash or bathe. 2 points ..the wife sits in the bathroom with me in case i have a seizure and drowned.. 4,Making budgeting decisions..Needs prompting or assistance to be able to make complex budgeting decisions. 2 points. i do get long bouts of depression after seizures plus the after affects of sizures i am usually no good for the rest off the day so the wife does the budgeting decisions ....that's 7 points but i only go for number 2 twice,three,times a week so if i am incontinent once usually twice a week is that not 50% of the time same has chopping up food using sharp knives.... Planning and following journeys.. For reasons other than psychological distress, cannot follow the route of an unfamiliar journey without another person, assistance dog or orientation aid.10 points its not save for me i need someone with me when i go out, i got hit by a bike on one occasion after coming round from a seizure ...

    Are they all points you think you should have got, or did you actually get any?

    Also Alice asked who filled in the form, did you get help from somewhere like CAB or do it all yourself?
    Unless I say otherwise 'you' means the general you not you specifically.
  • Alice_Holt
    Alice_Holt Posts: 5,949 Forumite
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    edited 22 December 2017 at 9:41PM
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    borogers wrote: »
    sorry i do appreciate Alice's post ...thanks Alice

    No problem - you are very welcome.

    Your list of descriptors from your PIP2 form seems good to me.

    Some more things to consider -
    Re the incontinence - do the seizures result in soiling? If so then include that in your appeal.
    Do you need help to clean up afterwards?

    Re the depression - how does this affect social engagement?
    Plus following a grand mal, do you need someone present to help you communicate / understand / etc with others. Does it affect your memory, so you can't reliably recall important conversations / info.

    The taking nutrition activity - Some people who suffers seizures are so affected that they need help to eat properly and reliably during the day after a grand mal. Does this apply to you, possibly? (especially with depression). Is your appetite affected and do you need supervision / prompting?
    2. Taking nutrition - b) supervision to be able to take nutrition; - 2 points.

    No need to reply, I've just put these up for you to consider.

    Do make sure your tribunal submission covers at least 8 points for DL.

    I asked the question because some claimant's PIP forms don't cover the points you have put in your post.
    It can then be much more difficult to succeed at tribunal (the PIP form is important evidence). Sometimes the best course of action is to start again - get help to prepare the PIP form at your local CAB (or using the guides I have linked to) and ensure you have a PIP form which fully explains why the benefit should be awarded.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
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