PIP denied because form apparently received late!

Dear all,

This is my first post here after being a member for a little while, and I am stuck! I would greatly appreciate any help/advice you guys could give me, please!

I submitted an application for my mother whose DLA is due to expire, and received a notice this morning that her claim for PIP has been rejected because they didn't receive the application on time! We were given an extension and I submitted the form within the specified timeframe so I am shocked and dismayed to receive the rejection letter this morning.

Has anyone else any experience of this and, if so, how did you manage to successfully challenge this decision, if at all?

Will the template letter on this site requesting a mandatory reconsideration suffice, or should I insert any extra info?

Many thanks,

Alexandra

Hiya Gordon,

Thank so much for the response. I do have proof of delivery.

I wasn't aware that we could just submit a new claim. Is it really that simple?

They tried to sting me in the same way; they granted an extension to a Sunday and claimed that because they uploaded the form on the following Monday they could disallow the claim and not process the PIP2. They were wrong on both counts. There is nothing in the regulations that says they can use the deadline in a disciplinary or disqualificatory way. What The Social Security (Personal Independence Payment) Regulations 2013 Reg. 8(1) says is that 'the Secretary of State may require C to supply any information or evidence...', in this case the PIP2. The next subparagraph 8(2) goes on to say'within one month...or within such longer period as .. may consider reasonable in the particular circumstances of the case.Para 8(3) goes on to say negative determination in consequence of a failure to conform to the request in 8(1) not the time limit in 8(2). They must have received the PIP2 when they made the decision because how did the know it was late! In that case there was no 'failure'. In my case they reinstated the DLA until after the decision on PIP. There is no compelling legal reason to resubmit the claim just because they have made a negative determination after all they have a obligation to process the PIP2 whether or not it was late. It may be safer to do so but not pursuing the mandatory review and not contesting the decision could cost a lot of money. my experience was that they caved in after pressure form my support worker and eight or nine phone calls. When I tried to phone I got misinformation and nonsense. I suspect that a bureaucratic custom and practice has developed just to get rid of a few claims, and wind up the claimants in the process.