Do the DWP contest Late Appeals? — Scope | Disability forum
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Do the DWP contest Late Appeals?

Waylay
Waylay Member Posts: 963 Pioneering
edited March 2018 in PIP, DLA, and AA
Got my letter from HMCTS. They say the DWP may object to my appeal. Eek. How often does this happen?

Partly I was late because they did my mandatory recon without waiting for my extra submission. They said they'd do it again if I sent it in, but to be honest I had a breakdown, and did nothing but lie in bed with terrible true crime shows playing on youTube for a few weeks. I came down with shingles, too, due to stress. 
Then I caught a horrid, horrid cold.
Then my best friend called me at 2AM, completely delusional, and I used everything I had to take a taxi to his, call 999, interact with emergency services, accompany him to hospital, and help the psychiatrist convince him to go to the psychiatric hospital. It wrecked me for over a week - pain, complete emotional burnout. 
Then I came down with flu. 
When I started to recover my friend came over and got me to sign the SSCI (whatever it's called) to appeal. 

Now I'm scared. Terrified, actually.

Comments

  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hi Waylay

    The DWP always ask for the appeal to be dismissed, but it is really up to the tribunal to accept a late appeal. With good reason, which it sounds that you have, you have upto 13 months to apply to the tibunal

    CR
    Be all you can be, make  every day count. Namaste
  • Waylay
    Waylay Member Posts: 963 Pioneering
  • ScopeHelpline
    ScopeHelpline Member Posts: 208 Courageous
    Hi Waylay

    It's very unusual indeed to have the appeal refused on the grounds that it's late. Did you write on the form the reasons why it was late?  If not, phone the Tribunal Service and let them know that you'll send an additional letter in explaining this.

    It really should then just be a question of time for the appeal to be read by the right person and and then accepted and the notice of acceptance sent to you. Give it say a month and then  if no joy, phone the Tribunal Service to ask for a progress report. Their number is 0300  123 1142.

    In case you haven't already done this, make sure that you have included information about which descriptor points apply to your claim (PIP or ESA). If it's a PIP appeal, have a look at both www.advicenow,org,uk's online leaflet "How to Win a PIP Appeal" and www.pipinfo.net for the definitions of the terms used in the regulations.  If it's ESA, similar principles apply - there is a list of descriptor points and alternative ways to pass the work capability assessment at www.disabilityrightsuk.org - Factsheet 71, Appendices 1 to 4. 

    Find a local specialist adviser if you can to help you through the painful process of having to appeal. 

    I hope this helps. Good luck .

    Gill_Scope
    Scope Helpline
  • Waylay
    Waylay Member Posts: 963 Pioneering
  • Ribenaspark
    Ribenaspark Member Posts: 2 Listener
    Hi @Waylay 🙂

    I'm dealing with a similar situation at the moment; can I ask how you got on with yours please?

    I wasn't actually late filling in or sending the form, but it must have arrived late by a day or so. 
  • Waylay
    Waylay Member Posts: 963 Pioneering
    Hi @Ribenaspark

    It was fine. I'd call in and let them know why it was late, just in case. Good luck!

  • Ribenaspark
    Ribenaspark Member Posts: 2 Listener
    @Waylay I'll do that tomorrow. Thank you so much x
  • mikehughescq
    mikehughescq Member Posts: 7,528 Disability Gamechanger
    There has been no requirement to provide special reasons for late appeal for 5 years now, You have to show you have an arguable case and that it would be in the interests of justice for it to proceed. The muppets at HMCTS still ask why you were late and then ask DWP if they object but it’s nothimg to the point and I can’t remember the last time they did.

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