× Members

PIP failure - 2 points - Narcolepsy

  • Delargy
  • Topic Author
8 years 7 months ago #141624 by Delargy
PIP failure - 2 points - Narcolepsy was created by Delargy
So after my assessment in September the brown envelope landed on the made and, surprise surprise, no award.

It's full of "We appreciate you cannot do this, but..."

I was expecting to have to appeal, it seems everyone is having to appeal, but despite using the guide and getting help with the form I have been awarded 2 points. I don't really know where I went wrong.

I had to appeal my ESA as I was in WRAG, but was placed in the Support Group on appeal. My last DLA form was turned around in 3 weeks with no medical.

The woman I spoke to from CAB this morning said that conditions like Narcolepsy are "just not covered under PIP" which is no help at all.

Can anyone point me in the right direction? I'm really thrown by just how badly i've failed, I don't see how a reconsideration, or even appeal, will change the decision so drastically. Part of my evidence was my ESA tribunal decision which they decided I was unsafe to be out alone, so if that plus everything else isn't enough I've no idea what will be.

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago #141635 by Gordon
Replied by Gordon on topic PIP failure - 2 points - Narcolepsy
Delargy

Some initial thoughts;

Did you make use of "reliably" and "for the majority of days" when describing your problems?

I suspect one of your problems is distinguishing Narcolepsy from sleep deprivation, someone who is tired, even very tired, would still be able to make reasonable decisions about whether they would be able to carry out the PIP activities safely, can you show that you cannot reliably do so.

Do your symptoms include Cataplexy?

Can you perform activities within a reasonable timescale, this would be twice the maximum time that a healthy person would be able to do them in?

Are you able to complete the activities to an acceptable standard, for example if you started to prepare a meal and then fell asleep so that it spoiled either by going off or overcooking?

Are there activities that you do not do because you are too tired to do them.

If you want to challenge the Decision then first stage to doing so is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our PIP MR & Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/pip

If we can help further, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Delargy

Please Log in or Create an account to join the conversation.

  • Delargy
  • Topic Author
8 years 7 months ago #141639 by Delargy
Replied by Delargy on topic PIP failure - 2 points - Narcolepsy
Thank you Gordon.

My condition does include cataplexy. This is one of my biggest problems.

It says on the letter I cannot prepare a meal by conventional cooker, but could use a microwave. Which I don't because the scalding risk from the cataplexy is still there. It's either prepared for me (I can't use sharp knives either and a perching stool is just another thing to fall from! but there are apparently suitable cooking aids I could use) or I eat cold.

They've also said that I have no "metal, cognitive or sensory impairment that would prevent you from planning and following a journey" and that my attacks do not result in "prolonged confusion or disorientation" but I cannot go out alone because even though when I wake up I do come too quickly for the period of time I'm asleep (and on the floor) I'm completely out of it. I can't reliably and regularly even move from room to room in my house, never mind outside.

It also says in the letter that I have a shower which I use safely. Which I don't. I have a bath with a couple of inches of water with someone watching over me because I have had cataplexy in the bath more than once and slipping under the water didn't wake me. I don't use a shower because when I'm sat down I've less distance to fall. We also discussed this in my medical and it's in my form so where the shower idea came from I've no idea.

I'll go and look at the mandatory reconsideration templates now. Thank you.

Please Log in or Create an account to join the conversation.

More
8 years 7 months ago #141643 by Gordon
Replied by Gordon on topic PIP failure - 2 points - Narcolepsy
Delargy

I'm afraid you will need to go through all of these points and explain why each of them causes you problems and why.

Gordon

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

Please Log in or Create an account to join the conversation.

  • Delargy
  • Topic Author
8 years 7 months ago #141647 by Delargy
Replied by Delargy on topic PIP failure - 2 points - Narcolepsy
I do wish there was a box that said "Please could you actually read my form. The words that I wrote."

Thanks

Please Log in or Create an account to join the conversation.

  • Lynsey
8 years 6 months ago #143223 by Lynsey
Replied by Lynsey on topic PIP failure - 2 points - Narcolepsy
Delargy,

I would expect that a person with narcolepsy would have extreme difficulty using public transport. Obviously I don't know how severe or frequent your attacks are but could you argue that you certinaly don't make unfamiliar journeys because you cant control falling asleep and missing your bus / train stop. Surely in this case, whether or not you could actually plan the journey would not matter - I mean, a blind person who has previously had sight and lived in the same area could see in their mind's eye where to go but they could't actually gaurantee they could get there as they cant predict obstacles such as a hole in the pavement or police street diversion and it would be ridiculous for the dwp to suggest they could.

Forgot about the planning part of the descriptor and maybe concentrate on what happens when you do go out. Can you reliably find your way home or are you excessively disorientated? HOw long does it take you to reroute yourself? List the dangers that are very likely to happen.

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.