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Help with MR?
- woo_bird
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6 days 1 hour ago #313284 by woo_bird
Help with MR? was created by woo_bird
Hello,
My partner was awarded standard mobility and nothing for daily living which we believe is wrong. He suffers with severe ADHD, Autism, Anxiety and Depression and Suicidal Ideation. A lot of the issues seem to have been downplayed and the evidence we sent doesn't appear to have been read or weighted. There was a heavy reliance on because he works part time with adjustments in place he must be fine and no diagnosed learning difficulty etc so he must be able to do most things, eventhough he cannot do them without a significant amount of prompting, help and support which we told them.
DWP logged a MR on the phone for my partner yesterday when we phoned up to ask for the AP4, we have since been advised we should not have done that as we would otherwise have had 13 months. The agent we had seemed to be a trainee and told us we had 12-15 weeks to submit evidence and our MR, is this correct?
Also, what is the best way o format the MR and do we need to cite case law at this stage? Are there any services that can help us draft this? I contacted one but they tried to pressure into agreeing to give up 70% of any award to them. I tried Citizens advice but they said they could not help with inidivdual cases at the moment.
Thank you
My partner was awarded standard mobility and nothing for daily living which we believe is wrong. He suffers with severe ADHD, Autism, Anxiety and Depression and Suicidal Ideation. A lot of the issues seem to have been downplayed and the evidence we sent doesn't appear to have been read or weighted. There was a heavy reliance on because he works part time with adjustments in place he must be fine and no diagnosed learning difficulty etc so he must be able to do most things, eventhough he cannot do them without a significant amount of prompting, help and support which we told them.
DWP logged a MR on the phone for my partner yesterday when we phoned up to ask for the AP4, we have since been advised we should not have done that as we would otherwise have had 13 months. The agent we had seemed to be a trainee and told us we had 12-15 weeks to submit evidence and our MR, is this correct?
Also, what is the best way o format the MR and do we need to cite case law at this stage? Are there any services that can help us draft this? I contacted one but they tried to pressure into agreeing to give up 70% of any award to them. I tried Citizens advice but they said they could not help with inidivdual cases at the moment.
Thank you
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- BIS
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5 days 4 hours ago #313312 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Help with MR?
Hi woo_bird
I'm sorry to hear of the position you find yourselves in. Your partner is not alone in finding that if a claimant works, even with reasonable adjustments, they must be okay.
The information you were given about an MR is incorrect. You have four weeks from the date on the decision letter to submit your MR, and you should try to meet that deadline. If you cannot meet that deadline, you can submit a late Mandatory Reconsideration, and you have 13 months from the date on your decision letter to do this. However, you should be aware that the DWP has the right to refuse a late submission (and occasionally does so).
You have already tried the Citizens' Advice Bureau, which can't currently help. I have included a link to see if there are any other services in your area - but the chances of being able to get help and short notice is unlikely. advicelocal.uk/ Please don't pay anyone to do this for you. There are too many people who are scamming .
You don't have to cite any case law - they generally ignore it at the MR stage if people do - but if you want to - go ahead. If you have the PA4 - go through each questiom at a time. Say what you think your partner should have scored and point to the evidence that you have already sent or what was said. I know you're worried about doing it perfectly - but don't. You and your partner are the experts of his condition. You write well here - so please believe you can do this. Have a look at the Guide to Appeals and also look at the guide on How to challenge a medical report.
I want to say something because you need to understand that winning an MR is not easy. Only 27% of MRs are successful. I hope you are one of those - but if you try and you are not - don't ever think it is because the two of you didn't do a good enough job. The system is undoubtedly weighted against people. Appeals are much more successful in favour of the claimant.
BIS
I'm sorry to hear of the position you find yourselves in. Your partner is not alone in finding that if a claimant works, even with reasonable adjustments, they must be okay.
The information you were given about an MR is incorrect. You have four weeks from the date on the decision letter to submit your MR, and you should try to meet that deadline. If you cannot meet that deadline, you can submit a late Mandatory Reconsideration, and you have 13 months from the date on your decision letter to do this. However, you should be aware that the DWP has the right to refuse a late submission (and occasionally does so).
You have already tried the Citizens' Advice Bureau, which can't currently help. I have included a link to see if there are any other services in your area - but the chances of being able to get help and short notice is unlikely. advicelocal.uk/ Please don't pay anyone to do this for you. There are too many people who are scamming .
You don't have to cite any case law - they generally ignore it at the MR stage if people do - but if you want to - go ahead. If you have the PA4 - go through each questiom at a time. Say what you think your partner should have scored and point to the evidence that you have already sent or what was said. I know you're worried about doing it perfectly - but don't. You and your partner are the experts of his condition. You write well here - so please believe you can do this. Have a look at the Guide to Appeals and also look at the guide on How to challenge a medical report.
I want to say something because you need to understand that winning an MR is not easy. Only 27% of MRs are successful. I hope you are one of those - but if you try and you are not - don't ever think it is because the two of you didn't do a good enough job. The system is undoubtedly weighted against people. Appeals are much more successful in favour of the claimant.
BIS
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- woo_bird
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2 days 16 hours ago #313365 by woo_bird
Replied by woo_bird on topic Help with MR?
Thank you for your reply. I have started the MR and so far it’s quite long as there are a lot of contradictions and I have some additional evidence but I have SARS running which will take up to 30 days.
I was told on the phone that they had logged my MR a few days ago and that I’d have about 17 weeks to send evidence. Is that incorrect too? It took over 3 weeks for the decision letter and PA4 to even reach us and we had to have it re-sent so there’s no possible way we can submit the MR evidence within 30 days of the date on the award. We also still have not received the MR document which dwp claimed they would send, only the PA4
I was told on the phone that they had logged my MR a few days ago and that I’d have about 17 weeks to send evidence. Is that incorrect too? It took over 3 weeks for the decision letter and PA4 to even reach us and we had to have it re-sent so there’s no possible way we can submit the MR evidence within 30 days of the date on the award. We also still have not received the MR document which dwp claimed they would send, only the PA4
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- woo_bird
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2 days 16 hours ago #313366 by woo_bird
Replied by woo_bird on topic Help with MR?
This is the text I got, it doesn’t say how long I have to submit my evidence:
You've asked us to look at our recent PIP decision again. We will write to you once we've done this. As a guide you should hear from us within 15 weeks. You don't need to contact us unless any of the details you gave have changed. Thank you.
You've asked us to look at our recent PIP decision again. We will write to you once we've done this. As a guide you should hear from us within 15 weeks. You don't need to contact us unless any of the details you gave have changed. Thank you.
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- BIS
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19 hours 12 minutes ago #313416 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Help with MR?
Hi woo-bird.
I do not like the second text you received. It sounds like they are doing the MR without you sending in any additional information. If you don't want to send in anything else -that's fine - but if you do, you need to get it to them ASAP. You have no idea when they might complete that work, and once someone signs off on it, it won't matter what you send in; it won't get looked at. Don't be fooled by them saying it will take 15 weeks to complete. It could be much shorter. Not trying to frighten you - but just don't trust what they say. After all you were told that you had 17 weeks and then a text that says 15 weeks - unless the text came two weeks later that is confusing. I personally wouldn't believe the 17 weeks - but if that's what has been put on the system - you can at least object if you get an answer more quickly.
BIS
I do not like the second text you received. It sounds like they are doing the MR without you sending in any additional information. If you don't want to send in anything else -that's fine - but if you do, you need to get it to them ASAP. You have no idea when they might complete that work, and once someone signs off on it, it won't matter what you send in; it won't get looked at. Don't be fooled by them saying it will take 15 weeks to complete. It could be much shorter. Not trying to frighten you - but just don't trust what they say. After all you were told that you had 17 weeks and then a text that says 15 weeks - unless the text came two weeks later that is confusing. I personally wouldn't believe the 17 weeks - but if that's what has been put on the system - you can at least object if you get an answer more quickly.
BIS
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