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Pip claim journey to Appeal
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5 months 1 week 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
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5 months 1 week 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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1 week 1 hour ago #315063 by Sum
ΣμΜ
Replied by Sum on topic Pip claim journey to Appeal
Hi B&W ,
I have recvd notification from HMCTS that DWP have responded to the Appeal application. However , i havent recvd a copy of their response or the court bundle . What should i do to chase up ? Call PiP or HMCTS ?
Also i cant remember if Appointee has same status and rights as representative at hearing. i am listed as appointee for the appeal not as representative, should i get that amended ? Can anyone clarify pls ?
I have recvd notification from HMCTS that DWP have responded to the Appeal application. However , i havent recvd a copy of their response or the court bundle . What should i do to chase up ? Call PiP or HMCTS ?
Also i cant remember if Appointee has same status and rights as representative at hearing. i am listed as appointee for the appeal not as representative, should i get that amended ? Can anyone clarify pls ?
ΣμΜ
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3 days 19 hours ago #315124 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip claim journey to Appeal
Hi Sum
HMCTS will send you the bundle when they have it ready.
As an appointee, you will have the same rights to speak on the claimant's behalf as a representative.
BIS
HMCTS will send you the bundle when they have it ready.
As an appointee, you will have the same rights to speak on the claimant's behalf as a representative.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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