Pip appeal outside the 13 months

Alice_Holt

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?

    No.  The 13 months is an absolute time limit.  Any appeal attempted after this period will not be accepted by HMCTS, I'm afraid.

  Concentrate on the new claim.  Particularly if, as you have noted, her conditions / abilities have worsened.  
 Take poppy's advice and put the failed application in the past. It's out of time.
 Be sure to follow through an appeal (if necessary) with the new PIP claim instead.

I'd also be wary of taking guidance from a Facebook group.  Help her to get accredited advice.    

poppy12345

This maybe useful.. https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

When filling out the form the person should put as much relevant information as possible, adding a couple of recent real world examples of what happened the last time they attempted that activity for each descriptor that applies to them.

Regarding facebook... i once belonged to a benefits advice group and i've never quite seen anything like it, it was so bad i left the group. Some of the advice given on there was quite shocking.

ohdrar

I have passed on the feedback here incl facebook group advice as well. Indeed I heard one say 'you must give them your worst possible day' utter rubbish - that would get you done for fraud.
 Thank you all very much, will update further if she chooses to goes ahead with the revision.

ohdrar

I have gathered some more information. She didn't appeal - not because she was ill from the reason why she gets an ESA fit note and the reasons for applying for PIP but because of additional new mental problems which appeared after the MR. She's now getting help for this which is why she's asking about the PIP MR now.

 Do you think that this might serve as a valid reason at all to use any kind of rule etc to allow an appeal or revision or another MR?

I appreciate everyones advice on new pip claim - she has done so now and will put effort in to that as well. But if there is anything to be done with the old one then I'm happy to.

poppy12345

ohdrar said:

I have gathered some more information. She didn't appeal - not because she was ill from the reason why she gets an ESA fit note and the reasons for applying for PIP but because of additional new mental problems which appeared after the MR. She's now getting help for this which is why she's asking about the PIP MR now.

 Do you think that this might serve as a valid reason at all to use any kind of rule etc to allow an appeal or revision or another MR?

I appreciate everyones advice on new pip claim - she has done so now and will put effort in to that as well. But if there is anything to be done with the old one then I'm happy to.

As has been advised, 13 months is the absolute end point. If her condition got worse then this isn't going to help a previous PIP claim, even if it was within 13 months deadline. My advice remains the same, she should concentrate purely on the new claim.

ohdrar

No question that that is what she's doing. Potentially for a couple of years worth of PIP it is still worth putting a bit of time into seeing as she's already written up her paperwork on word document for each descriptor with a couple of examples. So has nothing to do between now and the assessment day. I think she feels she may as well try any route if theres one to be had. 

Being much more pro active this time I think.

poppy12345

That's entirely her decision but as you stated her condition did get worse then this will not be taken into consideration anyway.

ohdrar

poppy12345 said:

That's entirely her decision but as you stated her condition did get worse then this will not be taken into consideration anyway.

No no I don't think so. Because the illness she applied for PIP with and is on ESA for is all up pretty much the same - maybe slightly worse. But as the appeal is based on how she was at the time of assessment and decision she would be arguing that she is entitled then based on her health at that time.

But with the new PIP she may be different but I presume that that is fine as well as even if she did win - the award would run up to yesterday only anyway assuming the tribunal were generous.

ohdrar

The problem was didn't appeal in time because her state of mind was so poor and part of that was linked to the DWP, I don't want to put too much detail as its not really my tale to tell you see. 

I do realise drips and drabs dont help the forum - but its been very difficult to get info out of her at times.

Spoonie_Turtle

(deleted - I totally misread the post, sorry)