- Posts: 1
× Members
Help with MR?
- woo_bird
- Topic Author
- Offline
Less More
1 day 3 hours 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
Please Log in or Create an account to join the conversation.
- BIS
- Offline
Less More
- Posts: 10224
5 hours 50 minutes 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
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: latetrain, BIS, Catherine12345, Chris, David, Forum Moderator