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PIP APPEAL MISSED DEADLINE
- Debs93
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9 months 1 week ago #287846 by Debs93
PIP APPEAL MISSED DEADLINE was created by Debs93
Hi
Firstly, thank you for your amazing site. I truly could not have got this far without the help of B&W. So I submitted my pip application and was awarded daily living standard and nothing for mobility. Ironically, its the mobility that is affecting me the most. I then submitted an MR. I had asked my GP and paid for a letter to support my mobility needs. This they did but said it could be up to six to eight weeks. I rang DWP and told them this. The lady I spoke to reassured me that it was absolutely fine and she said the assessor could not make a decision without taking the further info from my GP into account. She said she would update my notes on my file. I rang again a couple of weeks later to say I had still not received the letter from my GP and would it matter. They said no and they were still dealing with my MR and they could not make a decision without the further information I was submitting. They said if they had not received it when they were looking at my MR decision they would phone me first. Within the next week I got a letter to say they had completed my MR and my award was to stay the same, but they had not received the letter from my GP. I rang them and the very kind lady said dont worry I will update this on your file. I asked what to do about the letter and she said just to ignore it as they would have to look at my case again when the gp's letter came which was fortunately within the next few days. I heard nothing so after about another three weeks I rang them and explained what had occurred with the letter from the DWP and my GP. I told them that the notes should all be there on file. I told them I was told to ignore the letter stating my award was staying the same and had been waiting for another letter and explanation of why they were not awarding me mobility. A very curt man just said I've checked your file. Your award is staying the same. I have never received another letter stating that they have taken my gp's letter into account which means they made the decision without waiting for my further information. It has taken so much out of me, physically, emotionally and mentally that I just lost any motivation to progress it any further. When they actually don't read what you have written or give any explanation of why they are discounting your evidence it makes you feel like what's the point. My decision letter I felt was a joke. They just contradicted my evidence but gave no explanation as to why. It looked like they had cut and pasted pieces to fit other descriptors. I just lost heart with it all. My symptoms are getting worse and I am still undergoing investigations. The problem is I was just going to forget it but I don't see why I should especially when I receive your emails and you realise what other people are going through. Your site has spurred me on to do something about it. From what I've read you only have one month to lodge an appeal after you get the MR letter. Is that correct? I feel totally overwhelmed at the moment and I'm not sure what to do next but I really want to appeal. Can you point me in the right direction please? One other question, i was awarded pip daily living in October last year. It was backdated to June. At the time of applying I was 64. I am now 65 and will be 66 in September. Can they still award me mobility after the age of 66 if I'm already in receipt of pip daily living? Its just that I've read you can't get pip after 66. I'm very sorry for the length of this message but I need to tell someone and who better than you guys and gals at B&W. I look forward to hearing from you.
Many thanks
Deborah
Firstly, thank you for your amazing site. I truly could not have got this far without the help of B&W. So I submitted my pip application and was awarded daily living standard and nothing for mobility. Ironically, its the mobility that is affecting me the most. I then submitted an MR. I had asked my GP and paid for a letter to support my mobility needs. This they did but said it could be up to six to eight weeks. I rang DWP and told them this. The lady I spoke to reassured me that it was absolutely fine and she said the assessor could not make a decision without taking the further info from my GP into account. She said she would update my notes on my file. I rang again a couple of weeks later to say I had still not received the letter from my GP and would it matter. They said no and they were still dealing with my MR and they could not make a decision without the further information I was submitting. They said if they had not received it when they were looking at my MR decision they would phone me first. Within the next week I got a letter to say they had completed my MR and my award was to stay the same, but they had not received the letter from my GP. I rang them and the very kind lady said dont worry I will update this on your file. I asked what to do about the letter and she said just to ignore it as they would have to look at my case again when the gp's letter came which was fortunately within the next few days. I heard nothing so after about another three weeks I rang them and explained what had occurred with the letter from the DWP and my GP. I told them that the notes should all be there on file. I told them I was told to ignore the letter stating my award was staying the same and had been waiting for another letter and explanation of why they were not awarding me mobility. A very curt man just said I've checked your file. Your award is staying the same. I have never received another letter stating that they have taken my gp's letter into account which means they made the decision without waiting for my further information. It has taken so much out of me, physically, emotionally and mentally that I just lost any motivation to progress it any further. When they actually don't read what you have written or give any explanation of why they are discounting your evidence it makes you feel like what's the point. My decision letter I felt was a joke. They just contradicted my evidence but gave no explanation as to why. It looked like they had cut and pasted pieces to fit other descriptors. I just lost heart with it all. My symptoms are getting worse and I am still undergoing investigations. The problem is I was just going to forget it but I don't see why I should especially when I receive your emails and you realise what other people are going through. Your site has spurred me on to do something about it. From what I've read you only have one month to lodge an appeal after you get the MR letter. Is that correct? I feel totally overwhelmed at the moment and I'm not sure what to do next but I really want to appeal. Can you point me in the right direction please? One other question, i was awarded pip daily living in October last year. It was backdated to June. At the time of applying I was 64. I am now 65 and will be 66 in September. Can they still award me mobility after the age of 66 if I'm already in receipt of pip daily living? Its just that I've read you can't get pip after 66. I'm very sorry for the length of this message but I need to tell someone and who better than you guys and gals at B&W. I look forward to hearing from you.
Many thanks
Deborah
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- LL26
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9 months 1 week ago #287859 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic PIP APPEAL MISSED DEADLINE
Hi Debs33,
Sorry that you hsve been given the run around, I'm afraid this happens all too often. However, panic not, all is not lost.
There is a month time limit where you have an automatic right to lodge an appeal. There is an overall 13 month limit to lodge an appeal, but for a late appeal (ie more than one month past the MR letter date) - for a late appeal you would need to show good cause. If I understand correct you have only just gone over the 1 mth initial deadline. This shouldn't be too much of a problem.
Basically explain as you have done above, awaiting GP letter , failed promises from DWP etc etc. Then add that you haven't been well, and it has been difficult for you to seek further advice, and that having sought specialist advice you have been told that you can lodge a late appeal. State (if this is correct) that your appeal is only few weeks late and that if a late appeal is not allowed to be lodged you will lose your right to access justice under ECHR.
Just keep it simple about the failed promises of DWP, no need, (and it won't help!) to complain about DWP not reading stuff and being inept etc., and this happens to loads of people etc.
Yes, you can continue to receive PIP after 66 - (being at state pension age is the important date here) - but you can't begin a claim after state pension age. However, and this is really important - after pension age you can't increase your mobility award. This means you can't get a new mobility claim OR upgrade an existing one. Effectively this means if you don't appeal then it is unlikely you will be able to get a mobility award in the future. (And it is entirely possible that this is why DWP have refused your mobility claim!)
So...what to do now....
Go to this Web page www.gov.uk/appeal-benefit-decision/submit-appeal
Online appeal form (SSCS1) fill out your details.
Explain as I have suggested above in the 'why is my appeal late' box.
Then under grounds of appeal- say you are appealing mobility only (although if you feel you should get more than standard daily living, you can appeal this too!)
You don't need to say too much at this stage, simply say that DWP ignored your mobility difficulties [briefly explain] and that they ignored the GP letter confirming your disability. [ you can explain the letter as well briefly]
Upload a copy of the GP letter and other medical evidence even if DWP has had this before - they have after all ignored it!!!
Submit the appeal.
It should be allowed to proceed. If so you will get a text/email acknowledgement (if you give your number etc) this should arrive either immediately or in a day or so depending when you lodge the appeal.
You can get a friend etc to help you lodge the appeal. The crucial thing at this stage is not to delay further and explain the lateness. Don't worry too much about putting detail on the grounds it isn't necessary. After about 1 mth when the appeal is lodged, you will get a copy if all the papers, claim forms, assessment report, decisions etc you can look at this and then submit further evidence or arguments. (Even though the tribunal service might suggest you need to send in arguments etc earlier.)
I hope this helps. I know that you feel undervalued and that DWP has not listened. I know also that lodging an appeal may feel very daunting, but take a deep breath, and say to yourself 'I believe in myself , I can do this!' then sit down first with a pen and paper to get all your thoughts in order and then press the link and away you go....
Good luck
LL26
Sorry that you hsve been given the run around, I'm afraid this happens all too often. However, panic not, all is not lost.
There is a month time limit where you have an automatic right to lodge an appeal. There is an overall 13 month limit to lodge an appeal, but for a late appeal (ie more than one month past the MR letter date) - for a late appeal you would need to show good cause. If I understand correct you have only just gone over the 1 mth initial deadline. This shouldn't be too much of a problem.
Basically explain as you have done above, awaiting GP letter , failed promises from DWP etc etc. Then add that you haven't been well, and it has been difficult for you to seek further advice, and that having sought specialist advice you have been told that you can lodge a late appeal. State (if this is correct) that your appeal is only few weeks late and that if a late appeal is not allowed to be lodged you will lose your right to access justice under ECHR.
Just keep it simple about the failed promises of DWP, no need, (and it won't help!) to complain about DWP not reading stuff and being inept etc., and this happens to loads of people etc.
Yes, you can continue to receive PIP after 66 - (being at state pension age is the important date here) - but you can't begin a claim after state pension age. However, and this is really important - after pension age you can't increase your mobility award. This means you can't get a new mobility claim OR upgrade an existing one. Effectively this means if you don't appeal then it is unlikely you will be able to get a mobility award in the future. (And it is entirely possible that this is why DWP have refused your mobility claim!)
So...what to do now....
Go to this Web page www.gov.uk/appeal-benefit-decision/submit-appeal
Online appeal form (SSCS1) fill out your details.
Explain as I have suggested above in the 'why is my appeal late' box.
Then under grounds of appeal- say you are appealing mobility only (although if you feel you should get more than standard daily living, you can appeal this too!)
You don't need to say too much at this stage, simply say that DWP ignored your mobility difficulties [briefly explain] and that they ignored the GP letter confirming your disability. [ you can explain the letter as well briefly]
Upload a copy of the GP letter and other medical evidence even if DWP has had this before - they have after all ignored it!!!
Submit the appeal.
It should be allowed to proceed. If so you will get a text/email acknowledgement (if you give your number etc) this should arrive either immediately or in a day or so depending when you lodge the appeal.
You can get a friend etc to help you lodge the appeal. The crucial thing at this stage is not to delay further and explain the lateness. Don't worry too much about putting detail on the grounds it isn't necessary. After about 1 mth when the appeal is lodged, you will get a copy if all the papers, claim forms, assessment report, decisions etc you can look at this and then submit further evidence or arguments. (Even though the tribunal service might suggest you need to send in arguments etc earlier.)
I hope this helps. I know that you feel undervalued and that DWP has not listened. I know also that lodging an appeal may feel very daunting, but take a deep breath, and say to yourself 'I believe in myself , I can do this!' then sit down first with a pen and paper to get all your thoughts in order and then press the link and away you go....
Good luck
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- denby
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9 months 1 week ago #287864 by denby
Replied by denby on topic PIP APPEAL MISSED DEADLINE
Dear Deborah, as LL26 says, you can do this! As you already realise, there are untold numbers f us here who all have your back. Don't ;let the DWP [substitute any word you prefer!] grind you down. I think LL25 is right, the DWP do this precisely because due to your age this is your almost last/only shot for mobility.
Gordon pointed out something recently that I found useful. The " Quartet" as I call it, detailed in the guides taken from
The Social Security (Personal Independence Payment) Regulations 2013
UK Statutory Instruments2013 No. 377 Whole Instrument Latest Version
of
*Safely
*to a necessary standard
*as often as necessary
*in a reasonable time [no more than twice the time taken by an able bodied person]
were added on, which is why the descriptors don't either mention or match these requirements. Make sure if looking it up, once on the page, to click the 'latest version ' button, as this was an addition.
I hope having the law to quote helps you in your Appeal submission.
Denby
Gordon pointed out something recently that I found useful. The " Quartet" as I call it, detailed in the guides taken from
The Social Security (Personal Independence Payment) Regulations 2013
UK Statutory Instruments2013 No. 377 Whole Instrument Latest Version
of
*Safely
*to a necessary standard
*as often as necessary
*in a reasonable time [no more than twice the time taken by an able bodied person]
were added on, which is why the descriptors don't either mention or match these requirements. Make sure if looking it up, once on the page, to click the 'latest version ' button, as this was an addition.
I hope having the law to quote helps you in your Appeal submission.
Denby
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