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I cannot believe my son has not been awarded ANYTHING!!

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8 months 4 weeks ago #287641 by denby
The assessor has carefully avoided the "Quartet"
Safely,
to an acceptable standard,
as often as required,
and in a reasonable [no more than twice as long...] time
in mine too. Working on this for MR, go Mum Anji doing the same for your son. Channel your distress and anger into beating their pathetic attempt to 'try it on', we all have your back.
Best. D

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8 months 4 weeks ago #287659 by Anji
That's great thanks and nice to know other people are also rooting for us!! The decision letter still has not arrived yet, nor the assessors report so it is impossible to start the MR form. I am, however, going to write a comprehensive challenge.

You are exactly right, the assessor did not consider the 4 aspects AT ALL, she seemed to be trying to catch my son out. She had not, I am convinced, read the evidence we sent, so I am going to carefully reference that in my challenge too.

I am not giving up!!! 😌
The following user(s) said Thank You: denby, Filey

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8 months 4 weeks ago #287660 by BIS
Hi Anji

I am sorry you and your son find yourselves in this position. I wish I could say it was rare, but it isn't. It certainly sounds as if the assessor had not read anything beforehand and it also sounds as if they have no experience or knowledge of your son's condition and that is true.

I hope that in your MR, you will emphasise the fact that the assessor was pushing for a specific answer and that because of your son's disabilities, he will reply with what he thinks he ought to say, not what he does, what he would do or what he thinks. This means he was immediately at a huge disadvantage. Go to a reputable site where it will say that this is a problem, and then add it into your reply. The lack of understanding makes me mad! And being able to say 'thank you' to a pizza delivery man is not an example of your son being able to communicate to a suitable level of understanding. That is simply a rote response which can be taught, but doesn't mean he can engage. In fact that is a time when people in your son's position are incredibly vulnerable because they don't understand the verbal cues properly.

When you have to put in for the MR - it won't be a medic reading it - so don't assume they will have any understanding of your son's difficulties. You will have to go through and show how you already gave the evidence. Resist the temptation to call the assessor a (twit, lazy or a liar) or any other name you might be tempted to give - say things like "they missed out...", "were mistaken..." "misunderstood...," etc etc.

Come back with any questions you have once you have the report. By the way - make sure you have logged with the DWP that you are going to be putting in for an MR as soon as the report arrives - you don't want them to try a bit of skullduggery and say you've missed the deadline. YOu have one month from the date on the decision letter to get an MR in. (You can put in for a late one, but that's a request and the DWP has been known to occasionally turn them down!)

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Donna2512

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8 months 4 weeks ago #287667 by Anji
Thanks BIS

We are waiting for the decision letter now - the points will be interesting to look at I mean he never, ever cooks a simple meal, the processes of planning, reading instructions, shopping, timing etc is too much so he lives on reheated chicken nuggets. But the minute he said he used an air fryer to heat she said 'uh-huh' and moved on. It was all way too rushed to properly explain.

Anyway, thanks for your words of advice. Quick question - do I have to get the form for the MR back within the month or do we just have to lodge that we are going to send it? The decision was made days ago, but the letter has not yet arrived so we are almost a week past the decision date already and it is going to take a while to fill in the form (I work full time!).

Thanks
Anji

Thanks

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8 months 3 weeks ago #287671 by Gary
Hi Anji

Ideally you want to get the CRMR1 form back within one month of the decision date but you can do an out of time mandatory reconsideration. The CRMR1 form asks if you are applying within the one month of the decision if not you need to explain why not, I usually use the excuse waiting for the assessors report PA4, waiting for an appointment to see a welfare rights officer. www.gov.uk/government/publications/chall...ork-and-pensions-dwp

Gary

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

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8 months 2 weeks ago #288026 by Anji
Well, we finally have the decision letter, and my son scored 0 across the board (which is ridiculous) and there are a few inaccuracies, which is good as it shows the assessor wasn't listening properly and also that the DWP has taken no notice of the evidence we sent.

The decision letter was dated 29 Jan and did not arrive until 17 Feb, so there is no way we can get the appeal in within a month. Is it worth ringing them and telling them this? Or should I just explain on the form? We need some supporting letters, and haven't seen the assessor's report yet.

Many thanks

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