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

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

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