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Late Pip Appeal not accepted

elephataelephata Member Posts: 9 Listener
Hello everyone, I was wondering if someone could advise me, I'm very worried about my late Pip Appeal. I sent in a Pip Appeal last month after received a MR giving me the standard component for both daily living and mobility which was the same as the original pip award on 14/09/2016. I received a decision letter today saying that. 

1. (My Name) wishes to appeal a decision refusing Personal Independence Payment. The negative decision was mandatorily reconsidered on 14/09/2019. The appeal was lodged on 06/01/2021 and is therefore outside the prescribed time limit. Having given (My Name) an opportunity to make representations and having considered his fathers letter in reply the time limit for the appeal is not extended.

4. I am not prepared to extended time and the appeal is not to proceed. (My Name) has been refused Personal Independence Payment. Given his evident physical difficulties, he can reapply.

I spoke to a customer service adviser from the tribunal over the phone and wanted to confirm that my original award(Standard living and mobility) will not be changed and she confirmed this however I am still very worried about what was written on the letter. The Tribunal judge spelt my name wrong and wrote the wrong date for the mandatory reconsideration(The MR was on 14/09/2016, not 14/09/2019). The decision letter also states that I have been refused personal independence payment but this is not true at all, they clearly haven't read the MR notice, I was awarded the Standard Living and mobility however I was moved from DLA and I lost my mobility car which is why I wanted to appeal. I am just worried because the Tribunal decision letter saying that the PIP benefit appeal cannot continue also states that it will be sent to all parties including the DWP so I hope that it is not misinterpreted by them and they don't decide to take away my award. Any advice would be appreciated.

Replies

  • calcotticalcotti Member Posts: 1,795 Pioneering
    If the tribunal letter does say the appeal time has not been extended because the MR was in 2016 I think you are entitled to ask tribunal service to confirm in writing that they are refusing to accept the appeal and give you a factually correctly written letter.

    Be assured that the fact the appeal is not proceeding has no impact on your existing award. 
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • mikehughescqmikehughescq Member Posts: 6,297 Disability Gamechanger
    Not following this really. 

    If the MR was September 2019 and the appeal was lodged in January 2021 then the 13 month absolute limit expired in October 2020 and that’s the very last date you could have appealed. Anything lodged after that would be disallowed without representations as there’s nothing to debate. 

    If the MR was September 2016 then the 13 months expired in October 2017.

    As the decision appears to correctly refuse you the right to appeal, DWP will understand that nothing has been determined as the appeal has ended before it began. 

    I’d be interested to know what I’ve misunderstood here. Have you actually appeared outside of the 13 months or is one of the above dates wrong? 
  • calcotticalcotti Member Posts: 1,795 Pioneering
    Ha. When I posted yesterday I’d forgotten we are now in 2021 not 2020, an ‘early year’ moment!
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Tori_ScopeTori_Scope Posts: 4,593

    Scope community team

    Welcome to the community @elephata :) Have you had a chance to have a read of the above comments? 
    Online Community Coordinator, she/her

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  • elephataelephata Member Posts: 9 Listener
    calcotti said:
    If the tribunal letter does say the appeal time has not been extended because the MR was in 2016 I think you are entitled to ask tribunal service to confirm in writing that they are refusing to accept the appeal and give you a factually correctly written letter.

    Be assured that the fact the appeal is not proceeding has no impact on your existing award. 
    Thank you! That has put my mind at ease.
  • mikehughescqmikehughescq Member Posts: 6,297 Disability Gamechanger
    Still waiting to understand whether you appealed outside of the 13 months. 
  • elephataelephata Member Posts: 9 Listener
    Not following this really. 

    If the MR was September 2019 and the appeal was lodged in January 2021 then the 13 month absolute limit expired in October 2020 and that’s the very last date you could have appealed. Anything lodged after that would be disallowed without representations as there’s nothing to debate. 

    If the MR was September 2016 then the 13 months expired in October 2017.

    As the decision appears to correctly refuse you the right to appeal, DWP will understand that nothing has been determined as the appeal has ended before it began. 

    I’d be interested to know what I’ve misunderstood here. Have you actually appeared outside of the 13 months or is one of the above dates wrong? 
    Thank for the reply. I did appeal outside of the 13 months. I appealed last month however the MRN was on the 14/09/2016. The decision notice from the tribunal states that the MRN was on the 14/09/2019 but that date is three years late. Sorry if I didn't make it clear.
  • wilkowilko Member Posts: 2,328 Disability Gamechanger
    @ elephata,  Hello as you stated you where migrating from DLA to PIP. The two benefits have different claiming criteria and that’s why you lost your mobility car because your mobility was greater than the PIP descriptor of 20 meters. DLA has a longer distance which you where able to meet the criteria. A lot of claimants find this out one the migration has happened.
  • elephataelephata Member Posts: 9 Listener
    wilko said:
    @ elephata,  Hello as you stated you where migrating from DLA to PIP. The two benefits have different claiming criteria and that’s why you lost your mobility car because your mobility was greater than the PIP descriptor of 20 meters. DLA has a longer distance which you where able to meet the criteria. A lot of claimants find this out one the migration has happened.
    I could not walk 20 metres at the time without severe pain and this was with help from my dad and crutches. I had to stop multiple times when getting to the appointment. I think the government were just trying to target the most vulnerable to save money, as expected. Half of the statements made by the the "health professional" that assessed me were not even true 😞. Thank you everyone for taking the time to reply.
  • lisathomas50lisathomas50 Member Posts: 4,159 Disability Gamechanger
    Sorry just wanted to say this 20 meters is around 65 feet which is quite far I can only walk 3 feet 
  • mikehughescqmikehughescq Member Posts: 6,297 Disability Gamechanger
    elephata said:

    Thank for the reply. I did appeal outside of the 13 months. I appealed last month however the MRN was on the 14/09/2016. The decision notice from the tribunal states that the MRN was on the 14/09/2019 but that date is three years late. Sorry if I didn't make it clear.
    Then you have no grounds for appeal at all and the matter is effectively at an end.
  • elephataelephata Member Posts: 9 Listener
    elephata said:

    Thank for the reply. I did appeal outside of the 13 months. I appealed last month however the MRN was on the 14/09/2016. The decision notice from the tribunal states that the MRN was on the 14/09/2019 but that date is three years late. Sorry if I didn't make it clear.
    Then you have no grounds for appeal at all and the matter is effectively at an end.
    That's interesting because when I rang the tribunal they told me that they would accept the appeal if I request another MRN from the DWP. I told them that the DWP will not provide me with another MRN notice as it is too late but she was adamant that they would 🤔
  • mikehughescqmikehughescq Member Posts: 6,297 Disability Gamechanger
    That is interesting but not quite the full picture. 

    Firstly I’m unaware of anyone at HMCTS qualified to offer that kind of technical advice other than the judges and they wouldn’t be answering the phone

    Secondly, there’s no limit to the number of MRs you can do but ultimately they also have to be inside a 13 month absolute limit.
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