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Pip claim journey to Appeal
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3 days 14 hours ago #312491 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Pip claim journey to Appeal
Hi Sum,
Phew..and breathe!
I think the reality about late appeals is that the presumption is to allow the late appeal. As long as there is a fairly cogent reason. The alternative is that there is the possibility of a hearing to decide whether a late appeal can be allowed. However if you need to have a hearing about lateness then I would try and argue to have a hearing on whether you qualify for PIP at the same time. The Tribunal have an overriding objective of fairness, and this usually means giving a bit more leeway to the inexperienced claimant versus the power and knowledge of the DWP. Plus, since there is a right to access justice ( ie to be allowed to appeal, because otherwise that could also infringe your right to property, which legally includes a right to receive benefit when entitled,) this also has to be factored in if a late appeal is not allowed.
Anyway, hopefully you will succeed!
You should receive the appeal papers within 6 weeks or so. You can then go through this and then send in comments/arguments as appropriate.
Let us know how you get on.
I hope this helps.
LL26
Phew..and breathe!
I think the reality about late appeals is that the presumption is to allow the late appeal. As long as there is a fairly cogent reason. The alternative is that there is the possibility of a hearing to decide whether a late appeal can be allowed. However if you need to have a hearing about lateness then I would try and argue to have a hearing on whether you qualify for PIP at the same time. The Tribunal have an overriding objective of fairness, and this usually means giving a bit more leeway to the inexperienced claimant versus the power and knowledge of the DWP. Plus, since there is a right to access justice ( ie to be allowed to appeal, because otherwise that could also infringe your right to property, which legally includes a right to receive benefit when entitled,) this also has to be factored in if a late appeal is not allowed.
Anyway, hopefully you will succeed!
You should receive the appeal papers within 6 weeks or so. You can then go through this and then send in comments/arguments as appropriate.
Let us know how you get on.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 days 12 hours ago #312496 by Sum
ΣμΜ
Replied by Sum on topic Pip claim journey to Appeal
Thank you LL26
I hadnt considered an Appeal for lateness scenario ... live and learn
its waiting game
i will be back to post on progress on this thread ..... perphaps in a 18mths if not sooner 🤷🏽♀️🤞🏽
I hadnt considered an Appeal for lateness scenario ... live and learn
its waiting game
i will be back to post on progress on this thread ..... perphaps in a 18mths if not sooner 🤷🏽♀️🤞🏽
ΣμΜ
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