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Forum Home  →  Discussion  →  Disability benefits  →  Thread

PIP - medication sole cause of disability

Lid26
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Disability Advice Service East Suffolk

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Joined: 4 November 2010

Hi everyone,

Simple question, can a person claim PIP if the only reason that they can not perform various PIP activities is solely due to medication? If anyone has any ideas or knows of caselaw this would be very helpful.
The scenario is this - the client has severe bowel misfunction - she is unable to go to the toilet unless she uses laxatives. The effect of the laxatives is crippling pain and diarrhoea which can last for up to 12 hours. The client had been told by the specialist she needs to take the laxatives at the same time each day. The client manages to work 2 days per week by not taking the laxatives. (Doctor is aware.) There still can be diarrhoea etc on the work days, as the effect of the laxatives can carry over. Client used to work 4 days a week, but this was too much and too many days off with diarrhoea/incontinence. Client once did not take the laxatives for 3 weeks, she never once opened her bowels! (She decided at 3 weeks it was probably too risky to continue the ‘experiment’.) She may well need a stoma bag in due course.
There is no doubt that the client can not reliably/safely prepare food due to being doubled over in pain, or on the toilet for the majority of time she might need to cook. Equally she doesn’t eat much due to diarrhoea so maybe needs prompting. She also needs help to wash herself as she is prone to soiling and can not effectively do this when in serious pain. She was awarded 2 points for toilet needs (using pads) but realistically requires help with her bowel catheter every day. She only goes out to work and can walk there, because it is a non-laxative day. Other days she can’t go anywhere - so maybe mobility points. She has anxiety but this seems to be connected with her bowel problems.
No other health conditions. Can she claim PIP and how do I argue this?
Thanks for your help.
Lid26

Vonny
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Welfare rights adviser - Social Inclusion Unit, Swansea

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Is not the cause of her disability her bowel misfunction and the side affects of the medication prescribed to treat the disability and therefore she ‘has limited or severely limited ability to carry out daily living or mobility activities, as a result of C’s physical or mental condition’ - she would not be on the meds without the physical condition which is her bowel misfunction.

TJL
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Derby advice - Derby Homes

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So the effect   of the medication   is   not   in dispute?

I would hope there would not be too many problems if that is the case providing the effect and help needed are carefully detailed

Lid26
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Disability Advice Service East Suffolk

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Joined: 4 November 2010

Thanks for your replies.
She definitely needs the meds, otherwise she absolutely can’t poo! I don’t think it is acceptable or even healthy not to be able to go to the toilet. Various meds have been tried and the current one is the best, or rather the least worst.
Lid26

Stainsby
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Welfare rights adviser - Plumstead Community Law Centre

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I think you have essentially two issues to address.

The first isssue is essetially factual, i.e how does your client’s medical condition affect her life (in the context of the PIP descriptors of course)

As you say, she has a bowel condition which causes various symptoms .  She must take medication to deal with those symptoms, so the first supplemental qustion will arise.  How effective is that medication in relieving her symptoms?

The medication causes unwanted side effects so the next question is how do those side effects afffect her life?

I would at this point also have a look in the British National Formulary and note the listed side effects, and recommended precautions re your client’s medication .  This may provide you with some useful corroboration for your submissions.

You are right to focus on what is acceptable (Regulation 4(2A), and there is now loads of case law here.  I have attached a word document containing what is now becoming my standard response regarding Regulation 4 (2A).

As I say in that response, The yardstick of a more normal life established by Fairey and the principles established in the PIP context by [2017] AACR32, TR , PM and PS ought to be the focus

Hope this helps

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Lid26
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Disability Advice Service East Suffolk

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Total Posts: 27

Joined: 4 November 2010

Thanks Stainsby!
Lid26