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TOPIC: PIP "educated" so years later equally capable

PIP "educated" so years later equally capable 1 month 3 weeks ago #238567

Hi
Just received results of MR (predictable!) - amongst all the usual rubbish is an extraordinary statement that, because I "completed a university course" (actually it was a Poly + 40 years ago) I'm now able to absolutely everything under PIP rules now.

How can a degree, especially that long ago be relevant to disabilities, especially physical ones, which occurred years later, can the DWP really say it's relevant ...... I have epilepsy..... mobility problems - but it's OK, I have a degreee!!!!!!!!!!!!!!!!!!!

Can I counter this ... and how?

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PIP "educated" so years later equally capable 1 month 3 weeks ago #238579

Alex

Is this the only comment on the Decision Letter and/or the MR one?

Gordon

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PIP "educated" so years later equally capable 1 month 3 weeks ago #238596

No, not all - mostcoments are simply that they've looked at everything and,as always are right.

The actual degree comment is: "you showed adequate memory and completed a university course and though you cannot use a conventional cooker you could use a microwavey,"

Sorry, a couple of other points (not sure if I should put them in other posts), , my successful appeal is referenced as "conditions very rarely remain static" - yes, mine, as with so many others is worse (age doesn't help + epilepsy, after 50ish years not going to be cured.but, most obviously, on top of everything before the Tribunal, I've now been diagnosed with a new, entirely different condition. Depressingly, all the medical evidence (despite them saying otherwise,supports this.

Equally extraordinary is single mention of epilepsy is that this doesn't apply to bathing - the case re this was used successfully in my Appeal so can this be used?

Sorry for length

A

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PIP "educated" so years later equally capable 1 month 3 weeks ago #238613

Alex

The comment is in regard to a claimant having learning disabilities, of course, it does not take any account of the person having developed or to be suffering from a cognitive dysfunction since then.

So I guess the obvious question is whether you could use a microwave and if not, why not?

Yes, you can use the bathing example from your appeal, I assume this was in regard to you needing supervision.

The DWP look at this from two perspectives, the severity of any harm and the risk of the person having a seizure. Clearly the harm has the potential to be high even in a shower, how often do you have a seizure? If your Epilepsy is well managed of your seizure are far apart then this may diminish the likelihood of your scoring points.

The DWP and assessors are ever hopeful of claimants recovering from their conditions they will also expect claimants to adapt to their limitations over time.

Gordon
The following user(s) said Thank You: Alex, Cat in a hat

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PIP "educated" so years later equally capable 1 month 3 weeks ago #238693

Thanks Gordon, yes, I can use a microwave -I don't have much feeling in my left hand but burning nothing like as bad as oven/stove top so manageable. The DWP have given me 2 points for food prep, the Tribunal 4 as they, like my GP thought knives + stove top too dangerous, partly because of seizures (absence ones can be as serious as I've twice set the kitchen on fire) but also because of the lack of sensation in my left hand - I've cut myself quite a lot in the past so avoid knives.

I have seizures often enough for baths, even showers to be risky +, unfortunately, drugs prescribed for something else affect them so things are worse than at the appeal rather than, as the DWP feels, better.

I have had epilepsy for nearly 40 years and, short of a magic wand,the GP + neurologist are quite certain there'll be no recovery, as is the rheumatologist re that area.

Point re adaptation is hopeful I suppose but, realistically, now's probably as good as it gets.

Hopefully this Tribunal will think as the last one did!

As always, many thanks

A

P.S. Sorry, re epilepsy/bath, at the Tribunal there was a case that helped a lot but so much changes, not sure whether that's applicable now?

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PIP "educated" so years later equally capable 1 month 3 weeks ago #238713

Hi Alex

You say that you were successful with your last tribunal, have you sent in a copy of your previous appeal? If your condition has not changed for the better since your last tribunal then mention it in your appeal. If you have not sent in a copy of your previous appeal decision letter, send a copy to HMCTS to be added to your appeal bundle.

Do you live alone? if not when having a shower/bath, does someone have to keep an eye on you, same with other activities such as cooking a meal.

Gary

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