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PIP (out of time) appeal
- MJane
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4 days 14 hours ago #312142 by MJane
PIP (out of time) appeal was created by MJane
re MM verses DWP court outcome;
First Tier Tribunal recently overturned DWP decision not to award me 4 points for my needs "engaging with other people face to face"
This took me to a total score of 13 for my care needs.
Tribunal allowed my appeal for 4 points for engaging & the enhanced rate of The Daily Living component from 7/3/2019 to 16/1/2022
I assume the back payment will automatically be paid to me by DWP in due course along with additional JSA disability premium which I should have been entitled to at that time.
The Tribunal further state I may wish to take advice now as to whether I wish to apply (out of time) to appeal the 2022 decision or whether I wish to await my next review (which is likely to be reviewed soon)
I want to appeal the 2022 decision because I believe the same criteria should have been applied to my assessment as that which the Tribunal has used for the period 2019-2022, hence I would have been awarded 4 pts for engaging face to face which would have taken me to the enhanced rate.
How do I make an out of time appeal?
Do I need to go back to DWP & request a Mandatory Reconsideration & what advice can you offer to help me with this?
Or can I got straight to Tribunal citing the recent Tribunal advise?
I understand the normal extended time for appeals is 13months however I also understand this can be extended due to exceptional circumstances.
Any help offered would be greatly appreciated
First Tier Tribunal recently overturned DWP decision not to award me 4 points for my needs "engaging with other people face to face"
This took me to a total score of 13 for my care needs.
Tribunal allowed my appeal for 4 points for engaging & the enhanced rate of The Daily Living component from 7/3/2019 to 16/1/2022
I assume the back payment will automatically be paid to me by DWP in due course along with additional JSA disability premium which I should have been entitled to at that time.
The Tribunal further state I may wish to take advice now as to whether I wish to apply (out of time) to appeal the 2022 decision or whether I wish to await my next review (which is likely to be reviewed soon)
I want to appeal the 2022 decision because I believe the same criteria should have been applied to my assessment as that which the Tribunal has used for the period 2019-2022, hence I would have been awarded 4 pts for engaging face to face which would have taken me to the enhanced rate.
How do I make an out of time appeal?
Do I need to go back to DWP & request a Mandatory Reconsideration & what advice can you offer to help me with this?
Or can I got straight to Tribunal citing the recent Tribunal advise?
I understand the normal extended time for appeals is 13months however I also understand this can be extended due to exceptional circumstances.
Any help offered would be greatly appreciated
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- latetrain
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5 hours 11 minutes ago #312232 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic PIP (out of time) appeal
Hi MJane
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
I was at a training session a while ago where the trainer stated claimants in some circumstances there are no time limits, your query is outside the remit of this forum, we would advise you to seek help from your local Welfare Rights Specialist; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Welcome to the forum.
You might want to have a look at the following FAQ which explains where everything is; www.benefitsandwork.co.uk/guides-for-claimants/faq/forum.
I was at a training session a while ago where the trainer stated claimants in some circumstances there are no time limits, your query is outside the remit of this forum, we would advise you to seek help from your local Welfare Rights Specialist; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies in your area advicelocal.uk or you may want to try and contact a law centre in your area www.lawcentres.org.uk
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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