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Requesting MR after refusal for Neurodivergent claim
- Siobhan C
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5 days 7 hours ago #311905 by Siobhan C
Requesting MR after refusal for Neurodivergent claim was created by Siobhan C
I have a question about next steps for challenging a refusal.
My 21 yo daughter was given just 2 points despite her autism and ADHD strongly limiting her ability to live an independent student life. She doesn't drive due to her slow processing and difficulties with judging speeds, she finds daily student life exhausting and barely socialises. She had to pause her studies for a year due to autistic related burnout.
The reasons given in the letter were spurious, and make no reference to the medical evidence we submitted (from GP and SEN consultant and her coach) as well as the detailed answers we gave to each question and in my parental letter.
She had a phone assessment at the last minute due to the assessor we were due to see in person being taken off for family emergency reasons that morning. They found an assessor to speak on the phone within an hour. It felt like he'd not looked at the evidence we'd submitted, and was quite dismissive at times saying things like 'Life is tiring, it isn't easy, we all have to do these things' after she explained how exhausted she gets from being in college for just one day.
They have also made no reference to her ability to do these things Safely, Reliably etc.
What are the next steps? I noticed that someone mentioned requesting for a copy of the Assessors Report ( 'Neurodivergent claim 0 points' in the answer to question no. 311819 (4 days ago). There is nothing mentioned about this in the PIP letter. Also, the answer given by your moderator mentioned something about 2 months to return it by, but its says we have 1 month.
How much detail should I give in my MR letter? We have said all there is to say, and more! Is it a question of just re-saying it but in summary form?
I have looked at your Guides for appealing, but it just suggests a fairly simple letter.
Please advise.
Thanks.
My 21 yo daughter was given just 2 points despite her autism and ADHD strongly limiting her ability to live an independent student life. She doesn't drive due to her slow processing and difficulties with judging speeds, she finds daily student life exhausting and barely socialises. She had to pause her studies for a year due to autistic related burnout.
The reasons given in the letter were spurious, and make no reference to the medical evidence we submitted (from GP and SEN consultant and her coach) as well as the detailed answers we gave to each question and in my parental letter.
She had a phone assessment at the last minute due to the assessor we were due to see in person being taken off for family emergency reasons that morning. They found an assessor to speak on the phone within an hour. It felt like he'd not looked at the evidence we'd submitted, and was quite dismissive at times saying things like 'Life is tiring, it isn't easy, we all have to do these things' after she explained how exhausted she gets from being in college for just one day.
They have also made no reference to her ability to do these things Safely, Reliably etc.
What are the next steps? I noticed that someone mentioned requesting for a copy of the Assessors Report ( 'Neurodivergent claim 0 points' in the answer to question no. 311819 (4 days ago). There is nothing mentioned about this in the PIP letter. Also, the answer given by your moderator mentioned something about 2 months to return it by, but its says we have 1 month.
How much detail should I give in my MR letter? We have said all there is to say, and more! Is it a question of just re-saying it but in summary form?
I have looked at your Guides for appealing, but it just suggests a fairly simple letter.
Please advise.
Thanks.
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- LL26
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5 hours 57 minutes ago #312006 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Requesting MR after refusal for Neurodivergent claim
Hi Siobhan C,
You need to phone DWP PIP helpline and ask for the PA4. (Assessment Report).
Once this arrives work out 4 or 5 bullet points as criticism. You can use one to describe the dismissive attitude and lack of preparedness of the assessor.
This may well be apparent in the comments made- has the assessor written down correct responses, does he appear to misunderstand etc?
It is likely that he is not a mental health specialist, and this could be why he doesn't understand! Say this!
Another 'attack' is for when the assessor says claimant communicated well - yes, because presumably!!! an assessor will have had training in how to communicate with those who need support, which could account for why the claimant did 'communicate well!'
Write a background history as suggested in the post you refer to. Then write up the bullet points.
Finally go through each descriptor and here you can use a mote in depth criticism of the assessor.
Refer to your own medical reports
Assessments rarely mention the 4 'reliability' criteria - but you need to mention this. For example a task done too slowly or not safely will always indicate some sort of help is required. Perhaps a gadget, other human help. Of course if all the criteria can't be met even with help, then that indicates that your daughter 'can not' perform the PIP task, and is likely to score maximum points. Safety and reasonable time maybe the main factors to consider.
Say everything again and again! This (unfortunately!) seems to be the only way to achieve PIP.
About timing. There is normally 2 month after the decision date to lodge an MR request. However you can lodge a late letter up to 14 months after the decision, but you will need to show good cause. Awaiting receipt of the PA4 could comprise good cause, as good awaiting for further medication reports of your own. Illness, bereavement etc are also likely to count. Some people have argued that due to their disability, it has taken a long time to write the letter. Obviously the longer the delay, the more compelling reason will be required. A few days late should not cause any problems.
I hope this helps.
Good luck.
LL26
You need to phone DWP PIP helpline and ask for the PA4. (Assessment Report).
Once this arrives work out 4 or 5 bullet points as criticism. You can use one to describe the dismissive attitude and lack of preparedness of the assessor.
This may well be apparent in the comments made- has the assessor written down correct responses, does he appear to misunderstand etc?
It is likely that he is not a mental health specialist, and this could be why he doesn't understand! Say this!
Another 'attack' is for when the assessor says claimant communicated well - yes, because presumably!!! an assessor will have had training in how to communicate with those who need support, which could account for why the claimant did 'communicate well!'
Write a background history as suggested in the post you refer to. Then write up the bullet points.
Finally go through each descriptor and here you can use a mote in depth criticism of the assessor.
Refer to your own medical reports
Assessments rarely mention the 4 'reliability' criteria - but you need to mention this. For example a task done too slowly or not safely will always indicate some sort of help is required. Perhaps a gadget, other human help. Of course if all the criteria can't be met even with help, then that indicates that your daughter 'can not' perform the PIP task, and is likely to score maximum points. Safety and reasonable time maybe the main factors to consider.
Say everything again and again! This (unfortunately!) seems to be the only way to achieve PIP.
About timing. There is normally 2 month after the decision date to lodge an MR request. However you can lodge a late letter up to 14 months after the decision, but you will need to show good cause. Awaiting receipt of the PA4 could comprise good cause, as good awaiting for further medication reports of your own. Illness, bereavement etc are also likely to count. Some people have argued that due to their disability, it has taken a long time to write the letter. Obviously the longer the delay, the more compelling reason will be required. A few days late should not cause any problems.
I hope this helps.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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