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Second Mandatory Reconsideration

RosiesmumRosiesmum Member Posts: 76 Connected
edited December 2017 in PIP, DLA and AA

I am appointee for my disabled son and my story is so very similar to @wildlife's and the fact that you have posted so much information has been of enormous help to me and my son.

Son had lifetime high rate both award on DLA went down to zero points on pip,but using the info posted and my own research I have been able to ask for a second reconsideration.

DWP failed to follow so many procedures as did the HCP it could have led to a serious,if not fatal outcome at his medical.

DWP failed to ask if I wanted dla records ported for pip claim,this in turn led to a mess up with ATOS and my son being asked to perform tasks he shouldn't have been due to his disabilities.

Atos had to resubmit a PA6 which partially corrected first assessor to get him standard care,but failed to address so many other wrong facts (I have medical evidence to back these statements up) looked up assessor not qualified in the area of my sons disabilities.MR was made within a day of PA6 arriving at DWP and without me seeing it first,so I complained..again!

I have put in a complaint to ATOS and DWP and explained my reasons and that I would use these on my submission for appeal.

They are now considering my sons award again with all the evidence (I hope) that they have been given over the past 15 years,up to the present day.

If he still does not get his award back I will appeal but I hope that given the circumstances and the fact they promised to try to rectify their mistakes I have placed my trust in them to at least give him a fair hearing,after all that's all anyone wants isn't it?

I will let you know the outcome of the MR and also my ATOS complaint.





Replies

  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @Rosiesmum

    A very big welcome It’s great to meet you this evening.

    I’m so sorry to hear about your current situation.

    Please please let me know if I can help/support you in anyway???

    Many thanks.



  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum I to am sorry but only that you have had such a battle to get to where you are now. So glad I was able to help and from all you have done and are doing I can only say well done for fighting this gross injustice. How on earth could an ATOS assessor have given your son 0 points from a lifetime high rate DLA award. This is so obviously someone who doesn't have any morals or even care at all for anyone only getting another tick in the rejection of PIP statistics and Brownie points for themselves. This is disgusting to say the least. Letting DWP know that you're not going to let this happen is so important and despite what some advisers on here will tell you it does make all the difference. It needn't be a rare occurrence for the MR to change things if done in the right way. Good luck to you, I will be following your son's case so do let us know what happens.   
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi Steve thanks very much for the lovely welcome.The forum members here have already helped me so much by sharing their stories I had loads of tips which were relevant to my son's case.

    I am post surgery myself so have nothing better to do than read up on case law etc that's how I found you here.

    I hope to stick around after this is all sorted as I have seen many parents with kids on the spectrum (my youngest is classed as moderate autism and all the bits that come with it!) He is 19 now I don't remember much else other than fighting for my kids to get the help they needed but want to let other parents know it DOES get better.

    You eventually get them the support they need,sadly usually after hitting rock bottom like we did but the system is getting better for kids on the spectrum so keep going!

    My middle one is the one with aortic dissection,collagen disorder and lots more besides sadly,he's the one we're currently fighting for..

    I wasn't destined for a quiet life!

  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum So stress could be quite devastating? 
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi @wildlife yep he's a bit like a ticking bomb sadly,he's been through so much in his life already (he's only 22) but refuses to sit at home and wait for something else to break as he puts it so after 18months of job seeking,6 weeks after his latest heart surgery, he found the perfect match,Dad changed his hours to use his car to get him to work,after the risk assessment etc and his employers are amazing.

    They placed him next to med bay and disabled loo,in a ground floor office with disabled parking literally 20 feet away.

    Made adjustments from his medical assessment to his chair,desk etc and he's doing really well there.He says it keeps him sane as he is very bright,but his positive attitude bit him on the bum this time sadly!

    Hopefully my years of hoarding his paperwork will show how badly his whole system is affected but who knows..

    Thankyou so much for posting about your awful experience it must have been extremely hard for you with all that going on but I learned so much through reading your story and used your experience to help with the ATOS complaint and the request for the second reconsideration.

    No news is hopefully good news as they say but our only worry going to appeal is I can't leave house at the moment,Son who's claim it is can't do stairs and other son needs a carer if I'm missing so it'll have to be done on paper.Hence the need for a cast iron case!

  • wildlifewildlife Member Posts: 1,316 Pioneering
    edited December 2017
    @Rosiesmum, Yes we do have a lot in common as I learnt to fight for my 2 adopted sons both with disabilities. That was back in the day when their disabilities weren't recognized and schools were only interested in getting high exam results and as many children into uni. as possible. My eldest didn't even take any GCSE's as he was playing up and was almost expelled at the time. He is now a high flyer in the company who make the amazing doors and roof designs for railway stations and the rich and famous around the world. He is very clever but was written off at school. My youngest who has LD and mental health problems is on ESA and PIP but got it in 2011 when they actually listened to me and allowed me to send evidence of his past behaviour including photos of smashed windows and injuries caused to himself and others. Your son should be respected for what he has achieved and supported in employment not penalized for working. There is so much wrong with the present system I can't begin to say what I would do to change it but no changes will go far enough and if scrapped they wouldn't replace it with anything that goes far enough in sorting out what is wrong. But let's hope they at least try asap.   
  • RosiesmumRosiesmum Member Posts: 76 Connected

    @wildlife oh yes I agree with you at least there is some support around today compared with even ten years ago.There was nothing when your boys were growing up sadly.At least this has changed for the better.

    My older cousin suffered with polio and was left very disabled by it,my dad took over his care when my uncle passed away suddenly due to the same condition my son has.He was a smashing bloke but the fight my dad had to get him help was awful.Eventually he got a little blue car (early mobility) and supported housing and lived well supported surrounded by friends with similar needs til his untimely death.

    Glad to hear your sons are doing well but I know the stress you have been through to get them there!

    My autistic son has had no issues with either PIP or Universal Credit they have been marvellous!

    I think that's why I do live in hope that they will allow my son's claim.I have faith that they will sort it out eventually but felt I had to make a stand for all the other people who have had the same happen to them and may not have such a support network as my son has.

    I don't have a problem with providing proof,or them having assessments but the procedure should be followed properly their end as well as ours.What is the point of having submitted over 15 years worth of medical proof from specialists (my son had to be referred as he was too complex to be treated locally) if they are to be overruled by a speech therapist???Especially when she has never met him and is going from remarks in the original assessment.

    My son is fortunate to have his mental faculties so if he only qualifies for standard care due to this that's fine,but his mobility car is crucial to being able to work as stated to the DWP  it's called Personal Independence Payment for a reason!



  • steve51steve51 Community champion Posts: 7,175 Disability Gamechanger
    Hi @Rosiesmum

    That’s my pleasure.

    Please let us know if we can help you again ????
  • RosiesmumRosiesmum Member Posts: 76 Connected
    Thanks @steve51 I'll let you know when we hear something I'm at least hoping I get a phonecall from them before they make the next decision!
  • RosiesmumRosiesmum Member Posts: 76 Connected

    I've just had a phonecall from ATOS to discuss my son's case.He was very nice and just listened as I tried to explain my issues with the assessment procedure not being followed etc.

    I managed to throw in the bit from their DWP contract about causing harm and give him his dues he listened to everything I pointed out about what had gone wrong.

    Turns out my suspicions were correct the HCP was literally only given his PIP form..no medical evidence not even the stuff I sent in duplicate just in case they didn't read the DLA file.

    This goes a long way to explaining why she did what she did and wrote what she wrote.

    I also had a chance to include my issue with having the speech therapist refer to the first report as she was not sufficiently qualified in my son's area.

    So all in all a constructive morning.I pointed out the fact that we need to get the system right,that there are many people who are having the same proplems but who cannot complain and that we,who can ,need to speak for them too to hold people to account.

    I don't think I'll hear anything further til after Christmas,he's writing up the report and sending it on to his manager so I'm not sure what happens after that??

    My plea was for a fair and honest hearing for my son so hoping he may finally get one.If they uphold the complaint what happens next ?

    Would he have to have another assessment or do you think they would do a paper one now they have found all his evidence?


  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi
    Sounds like a positive morning. They can  only do a paper assessment if they have enough evidence to do so and hopfully they do. They should now look at all the evidence, it will still have to be refered to the AP as DM's have no medical knowledge.
    At the moment you have done all you can, try and forget about it and enjoy the festive season

    CR
    Be all you can be, make  every day count. Namaste
  • RosiesmumRosiesmum Member Posts: 76 Connected

    More news! *Deep breath*

    DWP have already made second decision using (I presume) the now proved as useless first and second reports...

    Still standard care and no mobility award.

    However I can't speak to anyone at the DWP until I have the new award letter in hand (hubby is a postie in our office so I'll know when it gets there!)

    I also need to read the reasons given to see if they have used the ATOS reports or not before I proceed.

    I'm sure I read on the ATOS contract with DWP that reports deemed as not fit for purpose CANNOT be used in evidence,I'll have a dig around.

    Note was however put on my son's file at 11am this morning (after I spoke to ATOS man) there are currently emails flying back and forth from the DWP complaints team to the ATOS complaints team,probably trying to find out what the hell is going on.

    Lady told me to get the ball rolling for the appeal as I can withdraw it if needed as she said it is now looking like they will have to do it all again and do a supercession quoting change of evidence or advice,that's if they have indeed used the faulty reports.

    I can't for the life of me see how otherwise they drew the conclusion they did?

    Son has every medical document needed to prove he fits the descriptors otherwise I would not be persuing this.

    As far as I am concerned I have a valid complaint that procedures were not followed and it should be upheld I'm wondering if they are trying to decide between themselves who carries the can for it.

    Will update when I get the letter/phonecall.






  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi, Rosiesmum
    I spoke to someone at PIP this morning about my MR, mainly because a couple of weeks ago when I asked for a reconsideration over the telephone (even tho I did not ask) was told that the decision makers do not call you back or send any decision letters out anymore like they used to, so I would need to call back in around 2 weeks to find out the decision. I asked if I would need to put my request in writing and she said no as she had already logged everything on her computer.

    I thought it was a bit odd and it prayed on my mind so even tho I was not in a good way I managed to send a letter to confirm what I said in the telcon with more evidence attached.

    Hence after 2 weeks I eventually got to speak to someone today (note tel numbers have all been changed) explained why I was calling and was basically told there is no time scale/limit on a MR decision it could be weeks or months, normally it would take 6-8 weeks but they have a back log and are working through it on a date order criteria.  I asked about delays over the Xmas hols, she said they would be back at work on Thursday and Friday after the bank holiday but didn't expect to get much done as they would have to get back into the swing of things!!

    She also said that a decision maker can call you and a decision letter will always be sent out in the post and whoever I spoke to previously was wrong.

    I am past trusting anything either DWP or the HCP assessors say now.  Nice as pie on the phone and to your face.......Then stab you in the back with their lies in order to reach their targets and receive their bonus.








  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi @sleepy1 I'm so sorry to hear you are going through the mill too.

    I found out they made the second decision last week sometime and posted me a letter last Friday.

    My son's original application went in September if that's of any help to you with timescales?

    Home visit was 23rd October and first decision was made 8th Nov

    Second was made on the 15th Dec just looked it up from my notes.

    No phone call from decision maker....again whilst making their decision.


  • RosiesmumRosiesmum Member Posts: 76 Connected

    Sorry above post was wrong I wrote it in a rush lol..

    Second decision was made on the 4th dec

    Third decision was made 15th Dec.

    Just had a call from DWP they say they have no complaint to answer to my issue is with ATOS..

    No MR notice in the post today so getting the appeal form filled in now but will wait until it arrives in case there is something on there I need to include.

    At least I can get it sent off and try to forget about it for now as @CockneyRebel said,it really does start to take over your life !

    I am filling out the appeal form stating my reasons starting with procedural errors first,do I need to include ALL the relevant issues at this stage (don't want to send in piles if not needed) or is it just a brief outline of why I do not agree?

    Do I need to include descriptors and medical reports to prove issues?

    Thanks again for all your help peeps it's keeping me going!!


  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum I'm pretty sure it's just a brief outline at this stage for Appeal so it's logged on the system within the timescale. Then you send all the detailed stuff in at a later stage. They send you copies of all the evidence before appeal so I presume you can use those instead of getting more copies done. I didn't go to appeal but I read other posts when advice is given. It looks like the 3rd decision was made without the evidence but I hope there's still chance of the correct award being given before Appeal which takes so long there's plenty of time to keep on at DWP unless they give up and say Appeal is your only option. It is a good idea to have a break over Christmas and you will be refreshed to carry on the fight in the new year. ATOS seem to be taking more notice of bad reports. When I complained they just denied everything. Have a good Christmas and keep us up to date when any developments happen..
     
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Thanks @wildlife just felt so deflated after her call..

    I was told by the DWP they messed up then this call she said nope they never send anything to ATOS only the PIP2 so they have done nothing wrong so I don't know what to believe!

    I wrote everything in his form so I guess my only recourse now is if ATOS do indeed uphold my complaint but now I'm feeling like they are just going to come out with the old 'our HCP are all trained in functional assessments' line...

    Waiting for a callback from my case worker at ATOS regarding the two HCP qualifications as I want to include these in my sons appeal and I need verification they are the right people.

    I shall still continue with the NMC complaint in the new year too as the Nurse I spoke to actually told me to persue it and it might save someone else from going through this.

    We see the specialist in April next along with his scan and MRI on the heart and aorta so will have new medical evidence to send in and possibly a change to report if they start him on the beta blockers or he needs another surgery.

    Not sure how that will affect things if he's appealing.Probably trigger another assessment knowing our luck but look on the bright side I might get a chiropodist next time ha ha. *Still smiling* xx





  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Rosiesmum

    Disability Rights (DR) site has a guide to PIP appeals.  And they publish a benefits Handbook, price £15 from DR site.
  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum That bit about not sending evidence to ATOS is rubbish. Even if it's true in your son's case it says quite clearly in the DWP guidelines for assessors which is on the Gov.uk site that assessors are supposed to read and use all the available evidence when doing the assessment and for the report. The outcome of my ATOS complaint took 5 months so wasn't done in time to affect my claim which I accepted at 2nd MR stage. DWP rang me out of the blue to offer me higher mobility. That was using evidence they'd had from the beginning. My complaint was rejected and is now with ICE. I can't remember what I've already told you.
            I couldn't get any information out of ATOS about my assessor's qualifications but that was whether or not she had any at all as I suspect she did not. ICE will be investigating that next year. You have the right to know your son's assessor's profession and their registration number if they're registered with their appropriate professional body but you can check that yourself if you know their name and haven't already done so. 
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Thanks @Matilda I will get one of those much appreciated.

    @wildlife I have had a result with the NMC asked them to confirm assessors qualifications.

    Turns out the first one who did the home visit is on the register but has 5 names so it was hard to track her down.

    She is registered under Mental health...

    So at least I know now so I can proceed when I eventually have the copies of the second MR.

    Thanks again all for your help it's much appreciated XX

  • RosiesmumRosiesmum Member Posts: 76 Connected

    Morning all quick update no MR  letter still BUT letter from the complaints team at the DWP .They are investigating and have sent details to ATOS about the complaint regarding the consultation and have asked them to contact me.

    I presume that was why the case manager phoned from ATOS but I'm confused if they (DWP) are investigating still after yesterdays call,what a shambles..

    Said they will be in touch after 15 days but wondering if that was the call yesterday? Surely they should have put it in writing,I was so shocked at her attitude I didn't get her name.

    So really none the wiser and cannot put in the appeal til I get the MR notice I can't understand if that was decided on Friday and sent why it hasn't come but a letter dated Tuesday has!



  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum Good morning and thanks for the update. I think the DWP quote the date the MR was actioned and completed i.e. the date on the MR letter rather than the date it was sent. The fact that reports take a week/10 days to arrive after someone has requested one to be sent shows they are somehow kept in their system before being sent out. Maybe someone else could explain better than me. Also post gets delayed at Christmas.    
  • sleepy1sleepy1 Member Posts: 299 Pioneering
    Hi all
    Isn't it just great to have well paid idiots with little or no experience or morals tell us we are fit and well and (when we and real doctors know otherwise) don't need any help!

    Shame on them and the politicians who have sanctioned this disgraceful attack on disabled people..........Where is the gas chamber???

     
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Hi @sleepy1 I know its just nuts but we have to soldier on eh?

    I was just reading another thread where a person with epilepsy has been turned down and someone has added a link to a court ruling which I can definitely use in my son's case,maybe it will be of some help to yourself?

    It's to do with proving the risk of harm which may come to someone, my son has already had heart surgery and they cannot seal all his defects as one sits on the heart wall, so if they touched it basically his heart would stop the surgeon told us, this is on his medical records with the DWP...

    His aorta is starting to split into layers due to his collagen problems so he is at imminent risk of an aortic dissection which is, due to the severity of his condition highly likely sadly so hopefully if I add the new ruling to his appeal it may work, who knows????

  • RosiesmumRosiesmum Member Posts: 76 Connected

    Letter is arriving today my husband phoned its in the office so coming out for delivery.The only bit he understood was the 50% rule they used because he works..NO mention of his heart condition from what he saw,it mainly quotes the original report.

    I will phone DWP when I have it around 12 but they probably won't phone me back now til after xmas as its 48 hours I think they have.

  • wildlifewildlife Member Posts: 1,316 Pioneering
    @Rosiesmum One step forward two steps back by the sound of things. What a shame you couldn't have sorted this out before Christmas. Some people appear to have been able to speak to a DM without waiting the 48 hours, so might be worth a try but they're probably having office parties while they leave disabled people with these rubbish decisions. Do hope the New Year sees an end to this awful process but I doubt it will be scrapped completely which is what's needed. ATOS/Capita need their contracts terminated and the process given back to DWP with an expert panel (like for tribunals) assessing claimants at the start but working independently with no targets to meet. They shouldn't need to assess every claimant only those with insufficient medical evidence. As it's up to the person claiming to use the benefit as they wish so why they need to assess how they're affected by their disability seems a waste of time and money, only that they are genuine claimants. Awards should be given for a sensible length of time according to the prognosis of the condition. This would all save so much money they could pay for the panel with no problem. Just my thoughts on how I would change things.       
  • RosiesmumRosiesmum Member Posts: 76 Connected

    *Update*

    Well basically the second is a photocopy of the first with a couple of bits thrown in regarding the physical..I phoned and a lovely lady insisted on keeping at it until she got me through to the DM's as she was so cross about it lol

    Had a very long chat with a man (sure I've spoke to him before) and he has literally given me a walkthrough of what to do next as he was so horrified at the mess up.I have been given a run through of what happens next their end and he even advised on the best course of action with ATOS complaint.

    I really cannot fault the help they have tried to give me to get things put right but every time we hit a brick wall due to the assessors reports..It has shown me how CRUCIAL  these are to get right and this is something I will be persuing with ATOS and the Nursing council regardless of how my complaints go.

    So now if ATOS uphold my complaint basically he thinks they will just do a paper review on the evidence they have but really we would rather my son just have a proper fit for purpose assessment to prove his lack of function in the areas stated even though they do have medical documents to prove this.I just want as I have said all along a fair and honest report...I know they do them!

    He said as @wildlife said after I get the papers in for the tribunal it comes back to them and a senior person looks to see what is being contested,then gives opinion if they have no case to answer or if decision was not made correctly due to legal/procedure issues. This is their first chance to change outcome.

    The DWP then submit their reasoning to the appeal court and the appeal either gets to go ahead or not.

    At any time this is going on the DWP can change their mind so cross everything for me people that the assessments are found not fit for purpose and ATOS uphold the complaint. That's  the easy option..and yes I DID see a pig fly past as I typed that.

    So I can now at least get the submission done and sent off for the appeal.

    I thank you all for listening to my ramblings and for the brilliant help I have had from here it's only down to you I've even got this far.

    I would have a stiff drink but can't cos of my medication so will have to make do with a mince pie!

    I'll be offline for a few days for the festivities and son's birthday on Boxing Day but I wish you all and your families a Merry Christmas and a safe,happy and as healthy as you can be New Year XXX




  • sue66sue66 Member Posts: 124 Pioneering
    Oh how i agree with what you put quote "Awards should be given for a sensible length of time according to the prognosis of the condition. This would all save so much money they could pay for the panel with no problem. Just my thoughts on how I would change things."
    Read more at https://community.scope.org.uk/discussion/38434/second-mandatory-reconsideration#AGvjBhKT9EWEcA9J.99

  • RosiesmumRosiesmum Member Posts: 76 Connected

    Still nothing from ATOS regarding the complaint so I can't move forward with the NCM complaints until this one is resolved.

    I have almost finished the appeal submission and wanted to know if I should include medical reports as I did for MR ?

    For example I stated my son needs assistance to wash between his shoulder blades due to build up of scar tissue/hypermobility etc (have report from Stanmore mentions this and OT report regarding installation of wetroom) Both medical assessments state he can use a bathboard on our imaginary bath we don't have and a long handled brush he could not grip...

    I want to include the concise details of what went wrong but it is running into pages again!

    Any advice would be much appreciated I'm getting worried about missing the deadline as I've been laid up and currently stuffing antibiotics for a throat and ear infection!



  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    Hi Rosiesmum

    Have you had the bundle of evidence from DWP or are you just at SSCS1 stage ?

    CR
    Be all you can be, make  every day count. Namaste
  • RosiesmumRosiesmum Member Posts: 76 Connected
    Hi @CockneyRebel thanks a lot for your reply it is for the first form the SSCS1 ,there's only a tiny box lol I don't want to overwhelm them with stuff if it's not needed yet! It does say to add any extra pages if needed but not sure wether they want the whole debacle or not sorry
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    That is what I thought,
    You only need to send basic reasons for your appeal at this stage. You will receive the bundle from DWP with all the evidence used so far and this is what you need to complete your submission as you can reference each point to the evidence by page and paragraph to make it idiot proof

    CR
    Be all you can be, make  every day count. Namaste
  • RosiesmumRosiesmum Member Posts: 76 Connected

    Ha ha yep idiot proof is right indeed @CockneyRebel !

    At least I have that part near enough done as I did that for the MR.

    Off to take this son's mobility car back today.

    It's been a right nightmare trying to sort everything out and swap over awards then the car we needed they couldn't get in time.

    This evening will be spent trying to ensure my other son is comfortable with his new 'rider' as he calls it :) He's quite excited about it now so hopefully he will settle well with the change over.We are very fortunate we aren't left housebound as many others have been.

    Thanks again for all your help :)

  • RosiesmumRosiesmum Member Posts: 76 Connected

    Quick update

    Appeal form sent on the 5th December.I am quite proud of the fact I managed to fit everything inside the tiny box! I enclosed copies of every pertinent medical report I could find which tallied up with what I wrote in the box.

    Requested a paper hearing as per my son's wishes.

    ATOS have yet to respond to my complaints it is officially 20 days tomorrow they say...

    I received a phonecall from a senior manager at the DWP regarding my email to the ministers and the first thing she stated was "You know I can't change the decision" I was a bit cross as my email was regarding the assessment issues and NOT the decision.

    Basically she fobbed me off with that's what the safeguards are there for  (meaning MR and Appeals) sooo nothing constructive to add really just tea and sympathy as usual!

    I will ring ATOS in the morning to see what is going on.

    I have found a brilliant xray picture showing not only my son's scaffolding and fusion quite clearly but also includes all the 'S' shaped curves and rib displacement he does not have according to the HCP.

    I just hope we get someone doing the appeal who will look at the medical evidence finally but after what has happened so far I really am losing faith in the system ever getting it right for my son.

    He'll be going onto beta blockers in April so that'll probably trigger another assessment ..happy days :)

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