- Posts: 121
× Members
Too late to do pip trubunal appeal?
- Chlorinated
- Topic Author
- Offline
Less More
7 years 4 months ago #204296 by Chlorinated
Too late to do pip trubunal appeal? was created by Chlorinated
I was given a 5 year pip award and after the mandatory reconsideration wanted to appeal, I started it a long ago but my illness took over, I lost motivation and let it go. It's been two years and 4 months now is it too late to submit the appeal?
I think in a previous answer you told me there is a maximum of 1.5 years one can appeal to a pip tribunal, is that right? btw, I can't find my old answers when I press the show 'all' my post it is only showing 4 recent posts.
thanks
I think in a previous answer you told me there is a maximum of 1.5 years one can appeal to a pip tribunal, is that right? btw, I can't find my old answers when I press the show 'all' my post it is only showing 4 recent posts.
thanks
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 4 months ago #204331 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Too late to do pip trubunal appeal?
Amonia
I'm afraid the maximum period for challenging a Decision is 13 months.
Gordon
I'm afraid the maximum period for challenging a Decision is 13 months.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Chlorinated
- Topic Author
- Offline
Less More
- Posts: 121
7 years 4 months ago #204351 by Chlorinated
Replied by Chlorinated on topic Too late to do pip trubunal appeal?
Got it, thanks.
Back in January 2015 I also contacted ESA to let them know of a change of circumstance(to go from WRAG to support) and they made a note of the coc and told me to send in a letter.
As I was working on my pip form and esa50 I didnt do the change of circumstance letter. After submitting these as a result of declining health I couldn't motivate myself to do send in the coc letter though I had started it. 6 months later I was put in the support group but that was as a result of the esa50 which of course applies from the date of the esa50.
Since they do have a record of being informed and there is evidence to show the coc occurred much earlier than the esa50, is it too late to send a letter in now and hope to get those 6 months backdated? I queried on the phone and they said you can try but the telephone assistant usually don't know much, is there a rule which says It's too late considering this was back in 2015?
Back in January 2015 I also contacted ESA to let them know of a change of circumstance(to go from WRAG to support) and they made a note of the coc and told me to send in a letter.
As I was working on my pip form and esa50 I didnt do the change of circumstance letter. After submitting these as a result of declining health I couldn't motivate myself to do send in the coc letter though I had started it. 6 months later I was put in the support group but that was as a result of the esa50 which of course applies from the date of the esa50.
Since they do have a record of being informed and there is evidence to show the coc occurred much earlier than the esa50, is it too late to send a letter in now and hope to get those 6 months backdated? I queried on the phone and they said you can try but the telephone assistant usually don't know much, is there a rule which says It's too late considering this was back in 2015?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 4 months ago #204361 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Too late to do pip trubunal appeal?
Amonia
The DWP will take the view that your health and limitations at the time of the assessment, not the date that the ESA50 was completed, were included in their Decision so you cannot report a change that pre-dates your last Decision.
If there has been further deterioration since the last Decision was made then you can notify them of this but unless you can show good reason for it to be backdated further it will be taken as happening from the date of your letter.
Gordon
The DWP will take the view that your health and limitations at the time of the assessment, not the date that the ESA50 was completed, were included in their Decision so you cannot report a change that pre-dates your last Decision.
If there has been further deterioration since the last Decision was made then you can notify them of this but unless you can show good reason for it to be backdated further it will be taken as happening from the date of your letter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Chlorinated
- Topic Author
- Offline
Less More
- Posts: 121
7 years 4 months ago #204384 by Chlorinated
Sorry, I didn't get this. I am not asking about between the date the form was completed and the date their decision was given, i am asking about a change of circumstances which happened about 6 months before they even sent me the form.
You say I cannot report a coc predating the most recent decision. However my point was I did inform them of the coc by telephone(they kept a record of this) 6 months before the e50 arrived. I just hadnt put anything in writing.
Or are you saying a telephone call with them noting the coc will not be accepted as being informed of a coc, and it should have been as a letter before any new decision was given?
thanks
.
Replied by Chlorinated on topic Too late to do pip trubunal appeal?
Gordon wrote: Amonia
The DWP will take the view that your health and limitations at the time of the assessment, not the date that the ESA50 was completed, were included in their Decision so you cannot report a change that pre-dates your last Decision.
Sorry, I didn't get this. I am not asking about between the date the form was completed and the date their decision was given, i am asking about a change of circumstances which happened about 6 months before they even sent me the form.
You say I cannot report a coc predating the most recent decision. However my point was I did inform them of the coc by telephone(they kept a record of this) 6 months before the e50 arrived. I just hadnt put anything in writing.
Or are you saying a telephone call with them noting the coc will not be accepted as being informed of a coc, and it should have been as a letter before any new decision was given?
thanks
.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 4 months ago #204399 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Too late to do pip trubunal appeal?
Amonia
I'm afraid you have missed the point I was making, it matter not whether the change was after or before you completed the ESA50, it was included in the Decision that was eventually made on your claim. If you felt that the award did not reflect those changes then you your route to dealing with the situation was an MR and appeal, which you are not too late to pursue.
Gordon
I'm afraid you have missed the point I was making, it matter not whether the change was after or before you completed the ESA50, it was included in the Decision that was eventually made on your claim. If you felt that the award did not reflect those changes then you your route to dealing with the situation was an MR and appeal, which you are not too late to pursue.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David