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Trying to do MR, PIP,

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1 week 5 days ago #295858 by Tired MUM
Trying to do MR, PIP, was created by Tired MUM
So how long do I have to do MR. Decision date was 9th September, got letter 13th, rang on 16th to ask for report to do MR. Tried to persuade me to let her do it on the phone, refused and got cut off. Rang and requested 3 more times i think it was, all tried to persuade me to just do it over phone, kept refusing and they said Ok we'll send it out. Nothing arrived. Rang on the 30th, told person don't try to persuade me to do on phone, I want to do the MR myself and I want copy of report to facilitate this. She said ok let me check, told me nothing had been sent out so she would make sure it happened. She told me she would log in system that I was doing an MR and then talked about timescales and sending back recorded and how when I tracked it to contact them to confirm it had been delivered to them so they would watch out for form.
So received form think it was the 5th October, couldn't face reading it at first, so angry and full on sensory overload wobble head, plus stressed out trying to source ADHD meds.
Cannot find anything in the paperwork saying how long I have to get it done and back to them. No envelope or address to send it to. Starting to get even more fried trying to get it sorted and the more stressed I get the harder it is.
I did the self assessment thing on here got 29 points for daily living, I got 2 points for using an aid to wash zero on everything else. Zero for mobility got 14 on self assessment.
Now I know they are tight but this is ridiculous, the report has tick boxes at the back No functional restriction present is ticked. then box ticked to say no need for a future review as change is unlikely. Then underneath it ticks box for Yes, saying it is likely that the functional restriction will be present at recommended point of review.
NA ticked for boxes stating how long restrictions have been present and how long they are likely to remain.
Best bit at end there is a section says " the claimant has a mental, intellectual or cognitive impairment and may need additional support to comply with future claim processes" 2 boxes YES and NO guess which one was ticked.
So apparently I don't have ADHD, Anxiety Depression PTSD type trauma due to ASD/ADHD burnout, well nice to know.

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1 week 5 days ago #295873 by Gary
Replied by Gary on topic Trying to do MR, PIP,
Hi Tired MUM

You are not alone, we often hear the same message as yours, you stuck to your guns so well done, many claimants would have given in.

In applying for a MR you usually have one month from the decision letter, if you use the form CRMR1; www.gov.uk/government/publications/chall...ork-and-pensions-dwp

You can apply for a MR up to 13 months after the decision date with good cause. On the form when it asks if you are applying after one month the reason why, I usually write that I was waiting for the assessors report PA4.

Gary

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1 week 4 days ago #295882 by Tired MUM
Replied by Tired MUM on topic Trying to do MR, PIP,
I am so , well, spread very thinly and stressed right now. Thank You for reply, so I am well over the month but it wasn't until the 30th that it was apparently sent out. I received it the 4th of October , so had 5 days to complete it and send it back. That call the agent said she would put note/message on my account that I was doing MR. So will I be able to state this as reason for timing and I will do all I can to get it done this week.
I have done these for my son's but it was a while ago , doesn't help that been short of meds because of supply problems.
As Arnie said " I'll be back"

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1 week 3 days ago #295902 by LL26
Replied by LL26 on topic Trying to do MR, PIP,
Hi Tired Mum,
Do the MR as soon as you can. You are already late so a few more days won't make any difference.
Start your MR letter apologising for late response. You can say that you asked for PA4 report and were fobbed off several times before you received this. Also explain that you haven't been well as you haven't been able to access normal meds because the pharmacy had to order these in and have taken a while to arrive.
Given that the delays were a combination of DWP delay and poor health, you believe that constitutes a good reason to allow a late MR, and that you have done the MR as soon as possible- and eg it is only 2 weeks late.
You can then add that if DWP refuse to consider the MR because it is late, you will lose your right to access justice and this will be a breach of Article 6 ECHR.

So...late MR apology is first paragraph. Then include a paragraph or 2 giving overview of your illness/disability etc. Give details any treatment, surgery, diagnosis etc
3rd paragraph/s is your critique of the assessment report.
Before you start to write your letter get a spare piece of paper and list the major criticisms of the report. Put these into 4 or 5 bullet points and give the worst examples.
EG
•Throughout assessor was very abrupt and rude
- the assessor repeatedly said 'don't answer the questions until I ask' ...
• the assessor failed to correctly record what I said on several occasions
- the assessor repeatedly uses the fact that I can drive a car to indicate that I can do descriptor activities- I attempted to take my driving test 8 times but failed each time in late 1990s - I have never attempted to drive since- I can not drive and do not drive!

If there are lots of spelling or grammar errors don't nit pick each one but you can include in a further bullet point eg
•There are many spelling errors etc, including basic words. This taken with the other errors mentioned previously suggests a general lack of attention to detail, and confirms that the assessor was rushing through and not properly recording what was being said.
Don't call him a liar, I doubt you can prove it,but you can say he misunderstood and/or misrecorded your answers.
Write your bullet points and examples as the 3rd section.
Finally, go through each descriptor and what points should have been awarded and why. Give examples of eg why you need to be supervised to cook, what goes wrong, accidents, near misses, becoming unwell, anxious etc etc
Include safety concerns, taking too long, not repeatedly and not doing to acceptable standard.
Keep s a copy and send tracked delivery. Put name and NI number on all pages.
I hope this helps.
Good luck. Let us know how you get on.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Tired MUM

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4 days 19 hours ago #296157 by Tired MUM
Replied by Tired MUM on topic Trying to do MR, PIP,
So eventually received report, it bore little resemblance to reality. The tone was generally judgemental and ableist. I couldn't do the online form so did it myself, explained why it was going to arrive late, apologised for this and mentioned if they refused to allow the MR because of it being late it would be breaching my right to justice under article 6 ECHR, then said as there was so much I didn't agree with I would go through each descriptor in turn and describe what I felt was incorrect, points awarded and what I felt was the actual difficulty and what points I felt should have been awarded. Did it on Libre Office as my hand writing is awful and there was so much it would have been too painful. Took a couple of days stopping and starting. Carefully worded suggestions that there were so many mistakes, inaccuracies, several sentences that were complete gobbledygook couldn't decipher them that it suggested a general lack of attention to detail possibly due to rushing to finish report and send it in. I also pointed out that no credence was given to my ADHD.ASD and at the end of the report where it asks the assessor if the claimant has any mental, intellectual or cognitive, impairment that may require support to carry out further claim processes in the future, the assessor ticked NO. Sent this morning recorded/tracked will be there by 1pm Monday , when tracking says it has been delivered I'll call them and tell them it is there. Had a bit of a wobble after sending then thought Fudge it , if, no when they say NO just start preparing for the tribunal, it's not like they can shoot me 🤔🙄

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2 days 18 hours ago #296196 by BIS
Replied by BIS on topic Trying to do MR, PIP,
Hi TiredMum

Well done for getting your MR in. You successfully pushed through your doubts, fears and physical disabilities to get it back to them. Give yourself a well-deserved pat on the back - that wasn't easy. I'm not surprised you had a wobble after sending it in - that's to be expected. I hope that you don't have to wait too long for a response.

BIS

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