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TOPIC: PIP denied because form apparently received late!

PIP denied because form apparently received late! 4 months 2 weeks ago #204263

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

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PIP denied because form apparently received late! 4 months 2 weeks ago #204282

DurhamGrad

Do you have any proof of delivery?

Do you have a copy of the form that you could send to the DWP immediately?

Yes, the way to challenge the Decision is via an MR, the template letter in the PIP section should suffice.

I'm afraid you may struggle to overturn the Decision unless you can show delivery of the form and an appeal could easily take six months to be heard, so you should give some thought to making a new claim for PIP, there is no waiting time.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP denied because form apparently received late! 4 months 2 weeks ago #204294

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?

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PIP denied because form apparently received late! 4 months 1 week ago #204330

DurhamGrad wrote: 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?


I am surprised that they have made a Decision against you if you have proof of delivery! When was your form returned and when was the Decision made?

Yes, you can make a new claim immediately, there is no waiting time for PIP.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

PIP denied because form apparently received late! 4 months 1 week ago #204613

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.

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