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Pip and Medication for Adhd
- mjs251176
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6 years 3 months ago #226198 by mjs251176
Pip and Medication for Adhd was created by mjs251176
My son has many diagnosis. One being adhd and the assessors report and the mandatory consideration reply both mention that he doesn’t take medication for it. We were as parents given the choice to medicate him at diagnosis but due to epilepsy and his own upset at taking medication (and seeing doctors) we opted for therapy in a special school and environmental measures. Is there case history relating to the fact he isn’t taking medication for it being a reason to refuse.
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6 years 3 months ago #226215 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip and Medication for Adhd
Marcus
The DWP are entitled to assume the use of appropriate medication unless the claimant can show Good Reason why they do not take it, it sounds as if you can do this but this may not be just about his medication, are you sure that you have explained his limitations in sufficient detail?
Gordon
The DWP are entitled to assume the use of appropriate medication unless the claimant can show Good Reason why they do not take it, it sounds as if you can do this but this may not be just about his medication, are you sure that you have explained his limitations in sufficient detail?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #226223 by mjs251176
Replied by mjs251176 on topic Pip and Medication for Adhd
At his ATOS assessment I explained his limitations and how ADHD, Frontal Lobe damage , and other health issues that affect him. one big problem that only came to light to myself on receipt of the appeal paper was that his gp had listed only one medical condition that being POTS -Postural orthostatic tachycardia syndrome. i have since gone to his GP and got a letter that lists his diagnosis but getting this wasn't easy in the modern GP locum practice we have . i have the tribunal on Friday and my son wont attend with me. I have on your advice contacted the court and they said this is fine as i am his appointee. the other issue that is partly my fault is a large report done in 2011 on my son diagnosing his educational problems and his cognitive issues wasnt given to the assesor before the assesment and he wouldnt take a copy from me at the assemsent saying i needed to send it to the DWP. i had been told previously that a change over to PIP meant his DLA file would be included but sadly this was misinformation given to me on one of my first calls to DWP. If those records had been sent then the report was the main doccument.
On examination in the last few days over the documents i found on the ATOS report refrence to the cognitive test which my son interacted with (he didnt the rest of the interview) In the report it said he did a Three stage comand test. well he didnt do that test it wasnt even attempted. The serial 7's test didnt go too well either as his initail answer was wrong but he was told to try again. i was lead to beleive if mistakes are made in this test that you carry on and just take 7 away from the previous wrong answer. in my notes i took i kept account of the exercise so i could look back later and see how he did. The pysiopharapist who did the assesment did acuratly record that he failed the remebering 3 items test but said in his summing up he couldn't see a cognative issue present. The whole time spent in the consultation room reported in the assesment document was 33 minutes and i did feel it was rushed at the time. I dont want to go in attacking the report to the tribunal as i am aware this could lose me credability with the panel so i am looking for an angle to present this as the report is the main reason he only scored 2 points for dealing with people face to face.
My son suffered dark mood swings on anti epileptic drugs and although at time of assesment that was dormant (hes been looked at again soon for possible new seizures but i know that is nothing to do with the tribunal as it wasnt an issue back in july) and thats our reason not to treat him with drugs for ADHD. He is in specialist education and that deals with therapy in dealing with his behaviours. any advice would be greatfuly received
On examination in the last few days over the documents i found on the ATOS report refrence to the cognitive test which my son interacted with (he didnt the rest of the interview) In the report it said he did a Three stage comand test. well he didnt do that test it wasnt even attempted. The serial 7's test didnt go too well either as his initail answer was wrong but he was told to try again. i was lead to beleive if mistakes are made in this test that you carry on and just take 7 away from the previous wrong answer. in my notes i took i kept account of the exercise so i could look back later and see how he did. The pysiopharapist who did the assesment did acuratly record that he failed the remebering 3 items test but said in his summing up he couldn't see a cognative issue present. The whole time spent in the consultation room reported in the assesment document was 33 minutes and i did feel it was rushed at the time. I dont want to go in attacking the report to the tribunal as i am aware this could lose me credability with the panel so i am looking for an angle to present this as the report is the main reason he only scored 2 points for dealing with people face to face.
My son suffered dark mood swings on anti epileptic drugs and although at time of assesment that was dormant (hes been looked at again soon for possible new seizures but i know that is nothing to do with the tribunal as it wasnt an issue back in july) and thats our reason not to treat him with drugs for ADHD. He is in specialist education and that deals with therapy in dealing with his behaviours. any advice would be greatfuly received
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6 years 3 months ago #226232 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Pip and Medication for Adhd
Marcus
If there are key issues in the report then don't be afraid to deal with them although it is not always necessary
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
If you do then try and undermine the opinions of the assessor, the educational report would seem to be important, the assessor should have taken it on the day and you can make much of the fact that they did not and that their opinions are undermined as a result.
But don't lose track of the fact that he will only receive an award if you have shown that he meets the criteria for one, I know I keep going on about this but I see too many posts in the forum from members who have not properly understood the criteria or have tried to re-interpret the Descriptors to better fit with their conditions and don't forget to apply the reliability criteria if they are appropriate.
Gordon
If there are key issues in the report then don't be afraid to deal with them although it is not always necessary
www.benefitsandwork.co.uk/news/3688-most...enior-tribunal-judge
If you do then try and undermine the opinions of the assessor, the educational report would seem to be important, the assessor should have taken it on the day and you can make much of the fact that they did not and that their opinions are undermined as a result.
But don't lose track of the fact that he will only receive an award if you have shown that he meets the criteria for one, I know I keep going on about this but I see too many posts in the forum from members who have not properly understood the criteria or have tried to re-interpret the Descriptors to better fit with their conditions and don't forget to apply the reliability criteria if they are appropriate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 years 3 months ago #226251 by mjs251176
Replied by mjs251176 on topic Pip and Medication for Adhd
I have this week gone through the descriptors much more thoroughly. I understand some I thought originally would be achievable aren't but still believe he should score 10 possibly 12 on the daily tasks and possibly 10 on mobility. I hope being able to explain in person will help but then I remind myself that I have already attempted that with the face to face. I do feel hopeful that a doctor will have a better insight into the issues than the physiotherapist as the ATOS assessment goes on a lot about the ADHD but seems to ignore his main issue the frontal lobe deficiency. whilst being similar these two are not the same. thanks for your help
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