Pip appeal outside the 13 months

calcotti

ohdrar said: My own research took me to the right net thread - https://www.rightsnet.org.uk/forums/viewthread/15413/#72939

Looking at the last post maybe? But if theres anything to be done with the existing claims then I still think it is worth pursing. 
I'm not sure now if this Anytime Revision will do anything polly and calcotti?
Thank you spoon turtle I do agree r/e new applcation

As the post you refer to makes clear, this is a very speculative approach.

in my opinion, not providing information about the possibility of getting an appeal accepted within 13 months is not grounds for an anytime revision. An any time revision would rest on an error in the previous decision.

ohdrar

Hi calcotti, I understand the speculative side. But do feel if theres something to be done it should be tried

If you don't think this approach would work, is there anything else to be done with the claim?

calcotti

ohdrar said:

Hi calcotti, I understand the speculative side. But do feel if theres something to be done it should be tried

If you don't think this approach would work, is there anything else to be done with the claim?

It’s highly speculative. I have no idea whether or not it might work.

poppy12345

You would be much better off concentrating purely on a new claim and put the previous claim behind you. It’s done and dusted so to speak. 

You also mention help from a Facebook group, not a place I would choose to go for help and advice with a PIP claim to be honest. 

ohdrar

calcotti said:

ohdrar said:

Hi calcotti, I understand the speculative side. But do feel if theres something to be done it should be tried

If you don't think this approach would work, is there anything else to be done with the claim?

It’s highly speculative. I have no idea whether or not it might work.

If she were to have a go, is there a best way you could think of going about it?

calcotti

ohdrar said:

calcotti said:

ohdrar said:

Hi calcotti, I understand the speculative side. But do feel if theres something to be done it should be tried

If you don't think this approach would work, is there anything else to be done with the claim?

It’s highly speculative. I have no idea whether or not it might work.

If she were to have a go, is there a best way you could think of going about it?

Beyond my experience.

ohdrar

The only other tactic I could think of was that she wasn't well enough at the time to file a late appeal itself. Can this ever ben grounds for an appeal beyond 13 months?

calcotti

ohdrar said:

The only other tactic I could think of was that she wasn't well enough at the time to file a late appeal itself. Can this ever ben grounds for an appeal beyond 13 months?

I don’t think so. That’s the point of a final deadline. If I understand it correctly, the speculative approach outlined is to argue that there has been an error of law in the decision letter, by not mentioning the 13 months, which means that the 13 month time period did not start.

ohdrar

calcotti said:

ohdrar said:

The only other tactic I could think of was that she wasn't well enough at the time to file a late appeal itself. Can this ever ben grounds for an appeal beyond 13 months?

I don’t think so. That’s the point of a final deadline. If I understand it correctly, the speculative approach outlined is to argue that there has been an error of law in the decision letter, by not mentioning the 13 months, which means that the 13 month time period did not start.

Oh right, I hadn't understood that part from the previous post in detail. 

Saying therefore that as DWP never said there was a 13 month deadline, the 13 month deadline therefore didn't ever begin counting down.

She was aware of he 13 month deadline but did not ultimately file an appeal due to a decline in health further. Would this be more sold ground that the more speculative approach?

calcotti

ohdrar said: She was aware of he 13 month deadline but did not ultimately file an appeal due to a decline in health further. Would this be more sold ground that the more speculative approach?

Being ill is a good reason for accepting a late appeal which has not been lodged within one month but does not extend the 13 month deadline. 

ohdrar said: Oh right, I hadn't understood that part from the previous post in detail. Saying therefore that as DWP never said there was a 13 month deadline, the 13 month deadline therefore didn't ever begin counting down.

That was how I read it.