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ESA Late Appeals
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6 years 6 months ago #197995 by Dan
ESA Late Appeals was created by Dan
Hi, I'm looking for some advise on late appeals, and what the absolute cut off point is if any?
Some say 12 months, some 13 months, and more accurately another says 12 months and 30 days; when does this start from? does this time run from the decision date or dated date of that decision letter, I looked at the guides but did not quite answer my specific question, also it's Income-related ESA if that's makes any difference. I'd be grateful for any help on this matter.
Some say 12 months, some 13 months, and more accurately another says 12 months and 30 days; when does this start from? does this time run from the decision date or dated date of that decision letter, I looked at the guides but did not quite answer my specific question, also it's Income-related ESA if that's makes any difference. I'd be grateful for any help on this matter.
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6 years 6 months ago - 6 years 6 months ago #198014 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Late Appeals
Dan
It is 13 months from the date of the Decision, unless otherwise defined this is the date of the Decision Letter. So if the Decision was made on 27 September 2016 then the Tribunal Service need to be in receipt of your request by 26September October 2017.
As this would be a Late appeal you also need to provide your reasons why it is late, the TS do not have to accept these but it would be unusual for them not to.
Gordon
It is 13 months from the date of the Decision, unless otherwise defined this is the date of the Decision Letter. So if the Decision was made on 27 September 2016 then the Tribunal Service need to be in receipt of your request by 26
As this would be a Late appeal you also need to provide your reasons why it is late, the TS do not have to accept these but it would be unusual for them not to.
Gordon
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Last edit: 6 years 6 months ago by Gordon.
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6 years 6 months ago #198080 by Dan
Replied by Dan on topic ESA Late Appeals
Gordon,
Do excuse, just to make sure I have it right, so 13 months incorporates the whole time-frame (must be within) of original decision date to mandatory reconsideration dated letter date to Tribunal request ?
If I have a mandatory reconsideration letter dated 25 Oct 16 (the original decision date being a day or two short of a month previous (with no following change) this would give till 24 Oct 17 to be in receipt of appeal not till 24 Nov 17 is that correct?
Also if a request was received electronically on the date/day 25 Oct 17, would that be accepted and have to be in before the close of business for that day or is anytime fine?
Thanks again,
Dan
Do excuse, just to make sure I have it right, so 13 months incorporates the whole time-frame (must be within) of original decision date to mandatory reconsideration dated letter date to Tribunal request ?
If I have a mandatory reconsideration letter dated 25 Oct 16 (the original decision date being a day or two short of a month previous (with no following change) this would give till 24 Oct 17 to be in receipt of appeal not till 24 Nov 17 is that correct?
Also if a request was received electronically on the date/day 25 Oct 17, would that be accepted and have to be in before the close of business for that day or is anytime fine?
Thanks again,
Dan
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6 years 6 months ago #198092 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Late Appeals
Dan
You need the date on the original Decision Letter not the MR letter.
So If that was 20 September 2016 then you have until 19 October 2017 for the TS to receive your request.
Gordon
You need the date on the original Decision Letter not the MR letter.
So If that was 20 September 2016 then you have until 19 October 2017 for the TS to receive your request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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