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Missed 13 month absolute deadline
- beccajayne
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1 day 22 hours ago #312351 by beccajayne
Missed 13 month absolute deadline was created by beccajayne
Unfortunately just too many things came up in 2025, numerous problems and then bereavement just before christmas.
Last 3 weeks spent working on an urgent work project (I know that's debateable but I'm keeping it brief, it was very important as I work with people with disabilities as well as having my own, and this affected their life)
I had the end of Feb in my mind because of a text I had received telling me that I could appeal pip decision at the end of Feb last year. But when I called pip they said my MR letter was dated 1st Feb. My reasons for being this late were reasonable as far as 2025 went, but at the start of this year I should have got it in, but work pressure then and, well, I was late anyway and had the end of feb in my mind.
My fault. I do hate texts though, they create a lot of confusion, without it I would have requested the date sooner or a copy of the letter.
Person on the phone said still try and get the appeal in and explain what the problems were and see what they think (the tribunals service)
I honestly believed the text was the final word on it all. I am very literal. If texts are not considered proper forms of communication somehow I missed that lesson.
Is it worth me getting it done this weekend? I'm just wondering if anyone here knows more about whether the tribunals service actually will (or won't under virtually all circumstances) consider it if it's a couple of weeks over the 13 month limit.
I'm also foolish because I believed I still had a chance up to 13 months from MR decision, but it's from original decision isn't it? Misinformed by chatgpt and google. I am foolish for not sticking to official documents/sources.
Last 3 weeks spent working on an urgent work project (I know that's debateable but I'm keeping it brief, it was very important as I work with people with disabilities as well as having my own, and this affected their life)
I had the end of Feb in my mind because of a text I had received telling me that I could appeal pip decision at the end of Feb last year. But when I called pip they said my MR letter was dated 1st Feb. My reasons for being this late were reasonable as far as 2025 went, but at the start of this year I should have got it in, but work pressure then and, well, I was late anyway and had the end of feb in my mind.
My fault. I do hate texts though, they create a lot of confusion, without it I would have requested the date sooner or a copy of the letter.
Person on the phone said still try and get the appeal in and explain what the problems were and see what they think (the tribunals service)
I honestly believed the text was the final word on it all. I am very literal. If texts are not considered proper forms of communication somehow I missed that lesson.
Is it worth me getting it done this weekend? I'm just wondering if anyone here knows more about whether the tribunals service actually will (or won't under virtually all circumstances) consider it if it's a couple of weeks over the 13 month limit.
I'm also foolish because I believed I still had a chance up to 13 months from MR decision, but it's from original decision isn't it? Misinformed by chatgpt and google. I am foolish for not sticking to official documents/sources.
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- LL26
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2 hours 43 minutes ago #312378 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Missed 13 month absolute deadline
Hi beccajayne,
Firstly, the 13 month limit is absolute for your scenario. You said the date on the MR letter is 1st February, presumably 2025, then you have 1 month ordinary time and maximum further 12 months for a late appeal. If the end date is on a non work day then (as with many court time periods) time will roll over to the next working date. There is an absolute 13 month limit from decision to lodge MR and another period from MR to lodging an appeal.
Clearly this late you will need a very good reason, but you are still just within the time if you act now and wait no longer.
Good reasons that are usually accepted are illness, bereavement, incorrect information and then eg having legal advice that gave correct information, poor mental health or capacity may also suffice.
Perhaps you were very mentally upset about the decision and this seriously affected and set back your mental health. If the decision was very poor eg removing a high and or long standing award with no explanation (supersession) or alternatively DWP ignored volumes of medical evidence that appeared clear cut, then you can say that you have a very strong case, particularly if it falls into the supersession category. Explain that you will lose your right to argue your case and access to justice, as well as your right to receive property (ie benefit payments) and these all comprise important rights under the ECHR legislation.
Don't delay. Appeal today!
I hope this helps.
LL26
Firstly, the 13 month limit is absolute for your scenario. You said the date on the MR letter is 1st February, presumably 2025, then you have 1 month ordinary time and maximum further 12 months for a late appeal. If the end date is on a non work day then (as with many court time periods) time will roll over to the next working date. There is an absolute 13 month limit from decision to lodge MR and another period from MR to lodging an appeal.
Clearly this late you will need a very good reason, but you are still just within the time if you act now and wait no longer.
Good reasons that are usually accepted are illness, bereavement, incorrect information and then eg having legal advice that gave correct information, poor mental health or capacity may also suffice.
Perhaps you were very mentally upset about the decision and this seriously affected and set back your mental health. If the decision was very poor eg removing a high and or long standing award with no explanation (supersession) or alternatively DWP ignored volumes of medical evidence that appeared clear cut, then you can say that you have a very strong case, particularly if it falls into the supersession category. Explain that you will lose your right to argue your case and access to justice, as well as your right to receive property (ie benefit payments) and these all comprise important rights under the ECHR legislation.
Don't delay. Appeal today!
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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