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PIP where the claimant is not following medical advice
I was wondering if anyone knew of any specific guidance or case law about assessing people who are not following medical advice.
I’m challenging a recent decision relating to a client with epilepsy and mental health issues.
The epilepsy is quite severe. The client is refusing medication. The last medication he tried had severe side effects (including causing extreme anger problems) making it very reasonable to stop. But he has refused to consider alternatives. He’s put off by the experience. He is also very angry that his doctors would not put him forward for a CBD trial. And he’s quite distrustful about medicine and official advice.
Renewal - from Standard rate daily living only. (Pretty sure it should be enhance/enhanced). Reduced to 0 points after assessment. (Absolutely unjustifiable - they even took away the points he has for having an adapted shower).
I know I can explain at appeal if needed but I’m looking for anything particularly strong for MR.
I’m sure this was a major issue at the HA and will show up in the HA report (don’t currently have a copy).
The change to his benefit (which removed SDP as well) and they stress of being told he was “not sick enough” have had a huge impact on both his mental health and his physical health. Stress increases his seizures and he had 4 in one day. Knowing I can win at appeal doesn’t really help when the affect on his health in the mean time is so bad.
So I want anything that can strengthen the MR.
I was only able to find some stuff about pain medication which doesn’t really apply. And some different rules for ESA. I don’t know if there’s nothing out there (though it feels like there should be given how frequently HA reports dismiss people based on their medication), or its because it is so hard to look up because refusal, not following, medical treatment etc. all bring up completely unrelated issues.
Does anyone have anything that might help ?