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Thread: some good news-epilepsy/ heart disease/ dementia and mental health

  1. #1

    some good news-epilepsy/ heart disease/ dementia and mental health

    I know I'm usually the harbinger of doom and gloom - here you go, happy Tuesday folks.

    Safety and supervison ruling could mean PIP for many more claimants.

    Claims made on or after 9 March and review decisions made on or after 9 March should be subject to this new case law.
    The DWP is likely to appeal, they may be successful but they may lose. If they do successfully appeal they may have to change the law, allowing for a "window of opportunity" to make a claim (the success of which will come down to meeting the descriptors)

    "If you challenge a decision not to award you PIP when you think this case law applies, it may well be that your case will be stayed until any DWP appeal has been heard" keeping in mind that any DWP appeal could be upheld, or rejected.


    edited to add: didn't have enough time yesterday to do an over view of the link. Here it is for you.

    So in brief this means that the government has been saying you can only score points if you are doing an activity, and that at least 50% of the time (doing the activity) you are more likely to come to harm (ie have a fit). Unless you have severe problems every day and have evidence of them, its a hard criteria to prove.

    The judges reject the "50% of the time" rule. They argue instead, is there a real possibility that harm may occur and how great could that harm be. They argue that the greater the risk of potential harm, the less likely it has to occur (in other words, its not how often something happens, its how bad could it be when it does).

    More importantly, they argue that " where a claimant is at risk all the time, even if they are doing nothing, then they may also be at risk when carrying out PIP activities that do not carry any additional likelihood of it may not be necessary to prove that you are placed in additional need of supervision, or at additional risk, when you carry out an activity such as washing and bathing or dressing – only that you need supervision to keep you safe - or simply that you are not safe".
    Last edited by brightonbelle; 29-03-17 at 11:42.

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    One encouraging news I came across recently is that, the memory decline can be reduced considerably by engaging those patients with memory exercises which keep their brain active.

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