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Cab the DWP stop you going to appeal on PIP
- Monty Python
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8 years 7 months ago #177730 by Monty Python
Cab the DWP stop you going to appeal on PIP was created by Monty Python
Can the DWP refuse to give an appeal on your PIP claim. 1. I've read that you can ask them to look at the decision again but they can refuse to because can say all the reasons were explained on their decision letter to you
then 2. You can make them carry out a Mandatory Reassessment of your claim but if they refuse to look at the decision again Im afraid I wont get to the mandatory reassessment stage which would also stop stage 3
being able to go to appeal. I rang the CAB today who said that there is only one initial stage,just the mandatory reassessment stage
and that there inst a separate stage before called looking at the decision again which they could refuse as I've read on the internet.
So is that right, what the CAB said I mean ? And then the CAB said too that the DWP cant refuse you being able to take them to appeal. So is that true too ?
then 2. You can make them carry out a Mandatory Reassessment of your claim but if they refuse to look at the decision again Im afraid I wont get to the mandatory reassessment stage which would also stop stage 3
being able to go to appeal. I rang the CAB today who said that there is only one initial stage,just the mandatory reassessment stage
and that there inst a separate stage before called looking at the decision again which they could refuse as I've read on the internet.
So is that right, what the CAB said I mean ? And then the CAB said too that the DWP cant refuse you being able to take them to appeal. So is that true too ?
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- Gordon
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8 years 7 months ago #177749 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Cab the DWP stop you going to appeal on PIP
Monty Python
They can't and they can.
Providing the one month deadline for requesting an MR is met then the decision to allow an appeal or not lies with the Tribunal Service and not the DWP and I can't remember the last time the TS refused an appeal. They often include a letter to the TS asking them to throw out the appeal, but I have never seen this actioned.
However, if the request for an MR is late and the DWP do not accept the claimants reasons for it being late, then you cannot take the matter further. A refusal to allow a late MR is not itself appealable, and you cannot make an appeal the TS without the completion of an MR.
Gordon
They can't and they can.
Providing the one month deadline for requesting an MR is met then the decision to allow an appeal or not lies with the Tribunal Service and not the DWP and I can't remember the last time the TS refused an appeal. They often include a letter to the TS asking them to throw out the appeal, but I have never seen this actioned.
However, if the request for an MR is late and the DWP do not accept the claimants reasons for it being late, then you cannot take the matter further. A refusal to allow a late MR is not itself appealable, and you cannot make an appeal the TS without the completion of an MR.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Monty Python
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8 years 7 months ago #178033 by Monty Python
Replied by Monty Python on topic Cab the DWP stop you going to appeal on PIP
Thanks Gordon.
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