Time Extension Mandatory Reconsideration Appeal PIP Decline

Hi Weasley

I would try ringing the DWP again and asking to speak to a case manager. If you only spoke to the call handler (the first person who took your call) they have no authority to extend your time again. At one point, no extensions were given to returning Mandatory Reconsiderations, and they had to be back within one month, so I can understand why he refused after you had been given one. I would try to speak to someone with more authority and try again. Don't try the argument that they delayed your claim because it won't get you anywhere. Tell them you have heard of people being given a second extension. Therefore, you feel that you are being discriminated against because you are not being given the same opportunity. Say that you know it is not common, but it has happened.

Now, there isn't anything in the law that allows for an extension - so they may well refuse again and tell you that you have been misinformed, but it's the only thing you can try. You don't have a right to an extension, so all you can do is appeal to their better nature. It's not the individual's fault if they refuse - that, unfortunately, is the system.

BIS

Hi weasley,
If you submit an MR or appeal (as appropriate) DWP must review the claim and look at the decision again. However you can submit a late MR/appeal up to 13 months after the relevant decision date. You would need to show good cause for being late. The later you make the appeal or MR the more difficult it will be to come up with sufficient good reason.
Examples of good reason could be illness, bereavement or difficulties in finding and achieving proper legal advice.
As a volunteer with a small advice organisation I know that we get many clients all needing help, and unfortunately it is not possible to adhere to the deadlines all the times. Clearly (at least in the eyes of DWP,) your claim was inadequate in some way. They refused the claim, and you need to know why this happened and more importantly how to ensure your appeal is done correctly so that you can achieve the benefit you deserve.
So...don't worry about getting another extension. Get the MR/appeal done ASAP with the help of your adviser. When he/she writes the letter make sure they include an opening paragraph apologising for a late return. Stating something like that it was important for you to get legal advice, and although you sought this in a timely manner, the volunteer advisor, (who works for a small local charity ) was inundated with work and had insufficient resources to deal with everyone. The delay was not your fault and you should therefore not lose your right to access justice if the appeal/MR is not allowed to go ahead.
This explanation usually suffices, you can add if there were further delays due to illness etc. I'm sure your advisor will be aware of this.
I hope this helps.
LL26