Late application for reconsideration - PIP

[Littleredriding]

I hope someone can help us out with this problem. I am asking for help on here as a last resort. My husband has been in hospital for the past three weeks and I am trying to do things he has always done for us. For years (since1993) he has been getting his DLA for top mobility and middle care. He was told back in January 2014 that he had to apply for PIP. He filled in the form and sent it off. In September he had a medical for it and a letter came through at the start of November saying that he isn't allowed PIP. With him being so ill and in and out of hospital since last November he never got round to dealing with it. A few weeks ago he asked for a reconsideration, but they have turned him down because he was too late to put it in and the excuse he gave wasn't good enough. This letter that came this week also says that he can't appeal against that decision.

 

 

Is that right and what happens now? I rang up the DWP for him and they said that as he has just had is 65th birthday (last week) he can't claim PIP again.

[Nystagmite]

You have up to 13 months to appeal. But have to show good cause for a late appeal.

 

If he can't claim PIP due to being over 65, he can claim AA (attendance allowance) but there's no mobility component.

[id6052]

he can submit a late appeal against the decision to refuse PIP

[Littleredriding]

That's what my husband said. But the letter from the DWP clear states that there is no right of appeal against the decision not to allow the late application.

[Littleredriding]

But doesn't he have to go through the recnsideratio first?

[id6052]

There is no right of appeal against the decision to refuse a late reconsideration.

 

There is a right of appeal against the decision to refuse PIP (this is a different decision). Normally an appeal should be brought within one calendar month, but you can make an application for a late appeal if you are outside one month but inside 13 months. HMCTS will often consider late appeals.

[Littleredriding]

Are you saying that he can appeal directly to the DWP even though a reconsideration has been refused?

[Littleredriding]

I've just remembered something my husband also asked me to ask. Who is responsible for getting the evidence from the various medical people, him or the DWP. The form says (got a copy of the claim) says that if you have any evidence to send it in, but don't go looking fior any as it will cost us money. He didn't have any evidence to send in other than the repeat script which he sent. He did however list all of the people that could confirm his inabilities. From the letter that said he had failed, there was no mention of any evidence being obtained for him, they used the medical report and the claim form.

[Nystagmite]

He's responsible for collecting evidence. If DWP feel they can't reach a decision based on the face to face assessment and his claim form, they may contact the people listed on the claim form. But they don't have to (and won't always) do that.

[estellyn]

I'm afraid that if a late mandatory reconsideration is refused then there is no right to make an appeal on the original PIP decision.

 

The only way forward is to immediately make a new PIP claim and then to seek assistance from CAB or welfare rights in pursuing a judicial review of the decision to refuse the man recon - if that is successful then the dWP would have to go ahead and do a man recon which can then be appealed if necessary.

 

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

[Nystagmite]

I'm afraid that if a late mandatory reconsideration is refused then there is no right to make an appeal on the original PIP decision.

 

The only way forward is to immediately make a new PIP claim and then to seek assistance from CAB or welfare rights in pursuing a judicial review of the decision to refuse the man recon - if that is successful then the dWP would have to go ahead and do a man recon which can then be appealed if necessary.

 

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

 

They were 65 last week; so now it's Attendance ALlowance.

[estellyn]

They were 65 last week; so now it's Attendance ALlowance.

 

thanks for the assist, I didn't notice that

[stevemLS]

I'm afraid that if a late mandatory reconsideration is refused then there is no right to make an appeal on the original PIP decision.

 

The only way forward is to immediately make a new PIP claim and then to seek assistance from CAB or welfare rights in pursuing a judicial review of the decision to refuse the man recon - if that is successful then the dWP would have to go ahead and do a man recon which can then be appealed if necessary.

 

http://www.cpag.org.uk/content/new-appeals-rules-and-procedures

 

Wow - have you any idea how much a judicial review is likely to cost?

[id6052]

Thankes Estellyn

 

I had not realised that refusal of late applications for MR kill an appeal. That is a disgrace, compared to the pre-MR situation.

[id6052]

Estellyn, do you know if the FtT or UT has considered whether the refusal to accept a late request for MR extinguishes the appeal?

 

If not, it would be an interesting challenge to pursue, the UT can consider JR cases and it would not involve expense of applying to High Court

[estellyn]

I've had a quick search but can't find anything. It's a horrible situation and certainly is not in the interests of justice to just have a decision maker say NO and that's it, no recourse. And yes, having the expense of High Court for late MR JR case is nuts. In my opinion the whole MR step has been written in to reduce the number of appeals - not by actually helping the claimant, but by making things far too difficult and drawn out. Looking at some of the stories of incompetence, maladministration and just plain ignorance of their their own regs where the DWP and MR is concerned is pretty shocking.

 

If I were the rep in this case I'd probably still attempt to file an appeal without the MR, but with arguments - in theory the FFT has the ability to accept an appeal without a notice, but I haven't read of any cases when they have. Sadly it takes years for the caselaw to be written around something like this which really sucks for those trying to wade through the system at the beginning.

 

To littleredriding, you need to seek some experienced benefit advice in person - in the meantime make the application for attendance allowance.

[Littleredriding]

Many thnks. It is so confusing to us. I don't know what would be a good reason for not getting the application in time, if being seriously ill and in hospital isn't one. We can't afford legal fees of any kind, so the only other option is to go and see Age Concern. All we get now is his pension to live off. I really can't see them being able to offer any better advice than I have already got on here. It's so unfair, he was only about 4 weeks late. I'll ring the DWP help line today and ask for a form for that other benefit you mentioned. Is it the same thing as PIP, you know a payment because he has getting around problems and having to have care throughout the day? Would I get the Carers payment back? One saving grace is that his pension is a little bit more than what he was getting from the ESA benefit. But thanks so much for advising me.

[Littleredriding]

Is he? We went to Age Concern to get his form filled in and they said that the DWP or their medical agent is responsible for getting the evidence. The form said that he was only responsible for sending in what he had to hand and should not go looking for anything else due to the costs. We can't send in what we don't have. It sounds a bit one sided to me does this that the DWP and their medical agent don't need to get any evidence even if it is known that Social Services are involved and are helping him out. He put on the from that he had an assessment carried out by them which was requested by his GP. I've done a bit of searching on the internet and came across a report from last year that said that the DWP are responsible for getting the evidence.

[Mr.P]

We can't afford legal fees of any kind, so the only other option is to go and see Age Concern.

 

One other option that no one has suggest yet, is to contact your local MP and get him/her to intercede on your behalf. With elections coming up, you might find him/her a little more responsive to your plight, particularly if it is a marginal seat.

[Littleredriding]

Thannk you for thatr suggestion. It does sound a good idea, but from what has been said on here by the very experienced people, it seems to be cut and dried. There isn't any right to make an appeal, the law says so. I can't see an MP being able to change the law just for me.

Our MP is a 100% cert to retain his seat. It has been Conservative for at least 50 years that I can remember.

[estellyn]

You'd be able to get assistance at cab or a welfare rights organisation in your area - they are charities and do not require a payment.

 

Sadly with attendance allowance there is no mobility component, only care. If awarded you would be able to reapply for and be awarded carer's allowance if eligible.

 

You may also want to try putting in a complaint to the DWP as well restating the reasons for late application for MR and requesting they use discretion to now do the MR and retrain the original decision maker on acceptable reasons for late applications. May well not work but worth a try.

[Littleredriding]

Thank you. To try to see someone at the CAB is impossible, They open at 9.30am and only the first 5 in the queue are allowed in. They start queuing at 7.30am which is far too early for either of us. There are no local Welfare Rights people in the town. I have spoken to the council and they have said that they no longer exist and to go to the CAB or Age Concern.

I think that what is more important to us is the continuing recognition by the DWP of my husband's needs and problems by awarding some benefit of some sort, as well as the extra money that it brings in along with the Carers Allowance. Since they took his DLA off him and the Carers Allowance off me, our weekly total income has gone down by over £160 a week to £142 a week. It really annoys me to be told by them that there is nothing wrong with him and that he doesn't need any caring for and doesn't have any difficulties in getting about despite what the Social Services woman has told us.

I can't do letters like you say, I will have to ask Age concern to help me out with that.

[Nystagmite]

Is there a charity for his illness who can give you advice? They may also have some factsheets to help you.

[estellyn]

While you're at age concern get a benefit check as your joint weekly income should be more than £142 a week - if your husband isn't claiming pension credit then he should do so immediately.

[Littleredriding]

I don't know. I don't think so. There is one for mental problems mind I think plus the usual charity shops.