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late submission of PIP appeal

  • sally walker
  • Topic Author
8 years 2 months ago - 8 years 2 months ago #150861 by sally walker
late submission of PIP appeal was created by sally walker
Any advice please on what are considered acceptable reasons for late submission of PIP appeal.
Last edit: 8 years 2 months ago by bro58.

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  • bro58
8 years 2 months ago - 8 years 2 months ago #150880 by bro58
Replied by bro58 on topic late submission of PIP appeal
Hi,

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See the following extracts from : DM Guide Chapter A5: Appeals – PIP and UC only. @ Paragraphs A5070 & from A5081 :


"A5070 Where an appeal is made to the FtT outside normal time limits, the appellant must include a request for an extension of time and the reason why it is late1. If the appellant does not then HMCTS will request reasons. A late appeal will normally be treated by the FtT as having been made in time if neither the DM nor any other respondent objects2. In this situation the FtT will extend the time for appealing."


The following are examples of special circumstances when it might be appropriate for the DM to not object to HMCTS accepting an appeal as made in time :


"A5081

1. difficulty in getting an appointment with a representative (especially in rural areas)

2. problems in writing the appeal for a blind person living alone

3. difficulty in obtaining an appeal form

4. allegation that the decision notice was not received

5.inability to read, write or understand English where the appellant lives alone

6.change of address during one month period

7.allegation that an earlier appeal was made

8.inability to understand the decision notice where the person has a mental disability or learning difficulties and lives alone."


The list at above is intended only as a guide. For example, a person might not be living alone, but the other people in the house may not be willing to help. Alternatively, a person living alone may have family or friends who visit regularly to check post. Each case should be considered on its merits.

It could simply be that you have been too ill, or you did not fully understand the PIP Appeals System and could not gain any support.

HMCTS (The Appeals Tribunals Service) [TS] are generally pretty lenient with late appeals, and although the normal time limit for submitting an appeal is one month after the date of The Mandatory Reconsideration (MR) Notice letter that you should have received from DWP as a result of your MR, a late appeal can be submitted up to 13 months after the date of The MR Notice.

!3 months is the absolute limit though !!!!

See the following :

PIP MR/Appeals Guidance and Submissions

&

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

I hope that helps ! :)

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bro58
Last edit: 8 years 2 months ago by bro58.

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