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Late MR panic!!

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1 year 11 months ago #270338 by BlueEyedBabe789
Late MR panic!! was created by BlueEyedBabe789
I'm struggling to get my MR and evidence together after being refused my PIP on review (they took over 6 months to complete the review! Meanwhile, my MS gets worse, and they tell me that it's somehow better and no longer need support?!). I've been ill with labyrinthitis/vestibular neuritis, and concentrating on this thing has been so so difficult, not to mention the strain on my mental health, which has already been wavering due to other life events and such (funny how people seem to forget we still have all the normal life stressors, on top of all this rubbish!)


How much do I need to put in the MR form to get it back, do I need to go into lots of detail straight up or is it better to get it in and in the queue and send the evidence in later when it's compiled?? I'm already late and I'm just prevaricating over it and the longer it takes the more I'm stressing!!!

:unsure: :( :blush: :S

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1 year 11 months ago #270344 by LL26
Replied by LL26 on topic Late MR panic!!
Hi BlueEyedBabe789,
Panic not!
You have an automatic right to have an MR considered if you send it in within a month of the decision date. However, you can still send in an MR upto 13 mths after that date. If you send in a late MR you will need to show good reason. It gets harder and harder to show good reason the later you get!
Being unwell and or waiting for evidence eg from a GP to arrive would almost certainly be a good reason. There are very few reasons why DWP could refuse a late MR, unless it is wholly unreasonable.
There are 2 ways of doing MR. You can simply just ask DWP to review because they got it wrong. Of course without any explanations DWP is unlikely to revise, and it makes the need to appeal to a tribunal much more likely.
However a full MR letter can lead to a decision being overturned, and this often happens. I think that if you are already late, gather all your evidence and write the best letter you can, even though it may delay the process further. Psychologically if you make a late request it doesn't look very good if you hardly say anything, and might make DWP wonder what took so long,(even if they can't refuse dealing with the MR request!) A week or two delay to create a strong letter will be much better way to deal with this.
So breathe....
What I suggest is that you write a few sentences about your health problems, diagnosis dates, and a general overview. Then you may wish to criticise the assessment. (Presumably you have a copy of the PA4 report - you can still phone and ask fir this, but this might cause more delay. )
Using the report, or just basing the comments on the decision maker's words, you can criticise what's been said. Maybe 4 or 5 bullet points to sum up the major flaws. Give examples. This might be eg rudeness, false assumptions, or even blatant misunderstandings of the evidence
Then go through each descriptor that you believe applies and say why you believe the DWP score is wrong. Use examples of what you do, as well as more direct criticism of the assessor if appropriate. You can state what points you should have got if you wish.
The members guides give more assistance. You need to consider
Safety
Reasonable time
Acceptable standard
Repeatedly across the day as many times as reasonably required
All 4 criteria need to be fulfilled.
Also consider the majority of days, a better day won't preclude points.
Finally you shoukd score the highest points value when 2 or more descriptors in a section apply equally.
I hope this helps, and please do not panic. You CAN do this. I am sure that everyone at B&W will be rooting for you. Please let us know how you get on.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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1 year 11 months ago #270358 by BlueEyedBabe789
Replied by BlueEyedBabe789 on topic Late MR panic!!
Thank you so much for your reassurance, I definitely needed that!

I have the PA4, and also the telephone recording of the assessment, which I've listened through and made notes on in conjunction with the PA4 and my previous MR notice from the last time they pulled this stunt (in 2020!).

There are multiple times where I give a range like 10-15 minutes, and the report has taken the lower only, not the range (because of course they would!)

I feel in places she's completely mischaracterised the conversation - for instance, she says that I communicated effectively and appropriately, but when you listen back you can tell that I'm struggling cognitively at times, and I have a - admittedly mild - stammer, and by the end of the conversation I'm really struggling to gather my thoughts and to understand the questions when she's asking them.

Then there's the "because she passed her driving test, she is cognitively fine", but I passed that when I was 17 (in 2008!), prior to the onset of my illness! I think I should be able to put together my evidence, it's just so draining to do it all when I'm already struggling with poor health; awaiting a referral for some other unknown neurological fun; and the added bonus of grieving the loss of an important family member who passed recently! :'(

Thank you for the advice and reassurance, I'll let you know how I get on. x

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1 year 11 months ago #270396 by LL26
Replied by LL26 on topic Late MR panic!!
Hi BlueEyedBabe789,
I totally understand how dealing with the passing of love ones makes all things more difficult, including all matters PIP!
You mention problems with communication and stammering, say this in your MR letter refer to the recording and say as above it is really apparent you were stammering etc.
The whole driving debacle is explained further in my post (which Gary has kindly displayed as the first forum post.)
Please don't give up. Grief is hard, but it does become easier. If you feel it is getting overwhelming please seek help.
All the best.
LL26

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