I was refused my MR and was unable to get an appointment with CAB they were very busy, within the 1 month for appeal, now the court is saying that as I’m over the 1 month period DWP can refuse is this something they do?, feeling very stressed as I’m over 65 and do not want to lose the mobility element of PIP..
You can put in a late appeal. Your appeal will be considered late if it is received more than a calendar month after the date on the notice.
If it is late you must give reasons why it is late. If you do not give reasons for lateness your appeal may not be considered. So in your case you would write that you needed assistance to put in an appeal and you were unable to get an appointment with the CAB.
Many late appeals are accepted so don’t give up if you are outside the one month time limit.
If your appeal is late and you have given reasons for lateness the Tribunals Service will treat it as having been received in time, unless the DWP object within 4 weeks. If they do object you will have a chance to comment and a Tribunal Judge will then decide whether to accept it.
All information is available in our PIP Appeals guide
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
