PIP late appeal help

door123

I have a friend who was awarded PIP March 2023. She has mental health and other things. It's just come to her understanding that she could of put in a Mandatory Reconsideration is she to late for this now?

Thank you

poppy12345

You have a maximum of 13 months to request the Mandatory Reconsideration, if she hasn't been through that stage yet. She will need to give a reason why she didn't request it within the time. 

Do also be aware that they will not be able to take into consideration any worsening of condition since the decision was made. 

door123

poppy12345 said:

You have a maximum of 13 months to request the Mandatory Reconsideration, if she hasn't been through that stage yet. She will need to give a reason why she didn't request it within the time. 

Do also be aware that they will not be able to take into consideration any worsening of condition since the decision was made. 

So she still has a month to put in Mandatory Reconsideration. Will not being aware of the Mandatory Reconsideration be a good reason for not doing it earlier?

Also if DWP reject the Mandatory Reconsideration is there a time limit for tribunal appeal?

peteuk

If they have been awarded PIP what is the grounds for the reconsideration?

poppy12345

door123 said:

poppy12345 said:

You have a maximum of 13 months to request the Mandatory Reconsideration, if she hasn't been through that stage yet. She will need to give a reason why she didn't request it within the time. 

Do also be aware that they will not be able to take into consideration any worsening of condition since the decision was made. 

So she still has a month to put in Mandatory Reconsideration. Will not being aware of the Mandatory Reconsideration be a good reason for not doing it earlier?

Also if DWP reject the Mandatory Reconsideration is there a time limit for tribunal appeal?

That's a good enough reason. What exactly was she awarded?

If DWP refuse the MR (most MR decisions remain the same anyway) then she can proceed to Tribunal. The 13 months starts from when the MR decision is made. 

Alice_Holt

door123 said:

I have a friend who was awarded PIP March 2023. She has mental health and other things. It's just come to her understanding that she could of put in a Mandatory Reconsideration is she to late for this now?

       As she was given an award, asking for a MR needs very careful consideration:

   What points should have been scored to get to a higher award  (std is 8 points, enhanced is 12)?

   Does she have medical evidence to support the additional PIP points?

At MR the DWP can keep the decision the same, increase the award, or reduce it.
Your friend needs to aware that there is a clear risk in requesting a MR when an award has been given.

Ideally she should seek advice:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/

door123

poppy12345 said:

door123 said:

poppy12345 said:

You have a maximum of 13 months to request the Mandatory Reconsideration, if she hasn't been through that stage yet. She will need to give a reason why she didn't request it within the time. 

Do also be aware that they will not be able to take into consideration any worsening of condition since the decision was made. 

So she still has a month to put in Mandatory Reconsideration. Will not being aware of the Mandatory Reconsideration be a good reason for not doing it earlier?

Also if DWP reject the Mandatory Reconsideration is there a time limit for tribunal appeal?

That's a good enough reason. What exactly was she awarded?

If DWP refuse the MR (most MR decisions remain the same anyway) then she can proceed to Tribunal. The 13 months starts from when the MR decision is made. 

I'm not sure but I think she was awarded low care and low mobility. So if she is to put in Mandatory Reconsideration now and DWP take 1 month to respond which will then take her to 13 months since awarded l. She will get a further 13 months from the Mandatory Reconsideration decision to put tribunal appeal?

poppy12345

As long as it’s requested within the 13 months then that’s fine. 

I’m going to be honest here, giving 3rd party advice is the worst. I’d advise this person to get some expert advice or to post here their self before doing anything else. 

It’s not always possible to score more points for a higher award. If no extra points can be scored it will be wasting their time and DWP to proceed any further. 

born_again

door123 said:

poppy12345 said:

You have a maximum of 13 months to request the Mandatory Reconsideration, if she hasn't been through that stage yet. She will need to give a reason why she didn't request it within the time. 

Do also be aware that they will not be able to take into consideration any worsening of condition since the decision was made. 

So she still has a month to put in Mandatory Reconsideration. Will not being aware of the Mandatory Reconsideration be a good reason for not doing it earlier?

Also if DWP reject the Mandatory Reconsideration is there a time limit for tribunal appeal?

This is fully explained in the original PIP award letter.
So might not be the best reason.