PIP - appeal deadlines

Hi iloveanimals,
Quick answer is yes! Obviously the less late, the less excuse is needed. The Upper Tribunal considered the right to appeal against DWP refusal to allow a late MR request.
This is para 90
"We acknowledge that, as with initial claims and appeals to the F-tT, Parliament would have intended time limits being set for a revision of the original decision on the merits (a [2018] AACR 5 R(CJ) and SG v SSWP (ESA) (Three-Judge Panel) 30 mandatory reconsideration) but in our view an intention to rule out a full merits appeal on the basis that an extension of time was not granted under the 1999 Regulations would frustrate the essential and driving purposes set out in the previous paragraph. To avoid this result we have concluded that on their true interpretation the MR regime under the 1998 Act and the 1999 Regulations is that any refusal to revise an application for MR made under the 1999 Regulations triggers the right to appeal to the F-tT." assets.publishing.service.gov.uk/media/5.../_2018__AACR_5ws.pdf
The para mentions 'as with initial claims and appeals to the FtT...' the legal tests/requirements for MR and lodging appeals are the same do I don't see why the rationale should not apply equally. Parliament has clearly provided the possibility of a late appeal. Moreover providing you have not delayed unreasonably long then you will be denied your right to appeal if DWP refused the late application. This also means that you are denied your right to access justice which is enshrined within Art 6 ECHR legislation.

What I suggest ...
Go online and print out an SSCS1
assets.publishing.service.gov.uk/media/6.../SSCS1_0426_save.pdf
Fill this out. You are appealing 2 decisions. The original decision refusing benefit AND the refusal to allow a late appeal. I suggest you set out a timeline. Put the MR date in the box when requested. In the why is your appeal late box - may be use a separate page.
Explain in great deal, illness, how it affects you, bereavement etc as you have mentioned in your post. Explain any other delay eg getting a CAB appointment (which of course of itself might have been delayed because of I'll health dealing with bereavement and then a wait to achieve an appointment.) Maybe the CAB advisor was also ill, had holiday etc this could all count.
Using bullet points may help. EG
I want to appeal against the refusal to allow a late appeal because
• My appeal was lodged only 5 weeks out of time
•I have a reasonable excuse...
Then explain further.
Mention about losing your right to access justice as mentioned above.
Refer to the 'previous' appeal and enclose copies of that plus the DWP non acceptance of late appeal too.
Send to the Tribunal address keep copies.
Make sure any extra pages have NI number and name clearly marked.
Don't delay! Don't risk more delay and hence less 'good cause'.
Let us know how you get on
I hope this helps
LL26