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Thread: "Within 1 month of the date of this letter" - a calendar month or 4 weeks?

  1. #1

    "Within 1 month of the date of this letter" - a calendar month or 4 weeks?

    Hi. I received a PIP Mandatory Reconsideration result letter a few weeks ago, and was informed I could make an appeal against the decision "within 1 month of the date of this letter", which was July 11th. It was only yesterday, after giving ithe matter some thought, that I noticed the date on the letter was 2 weeks before we actually received it, which obviously means I didn't have as long as I'd thought I had to decide whether or not to make an appeal. So....does anyone know whether by a month they mean 4 weeks, or a calendar month, i.e., the 11th of Aug? And if they mean 4 weeks from the 11th of July, does that mean today (8th of Aug) is the last day I can make an appeal, or was it yesterday, the 7th?

    Thanks in advance.
    Last edited by Eusabius; 08-08-19 at 12:06. Reason: Thinking about appealing

  2. #2
    Senior Member
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    I would take that as to mean a calendar month.

    So 11 July to 11 August.

  3. #3
    Quote Originally Posted by worried33 View Post
    I would take that as to mean a calendar month.

    So 11 July to 11 August.
    Thanks worried33. Does anyone else know for sure?

  4. #4
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    The only bit I am unsure about is whether it would be 10 or 11 august, so when I say 11 august I effectively meant the start of 11 august.

    I suggest waiting for other opinions, especially nukecad, but to me if it was 4 weeks, then they would need to state 4 weeks on the letter.

  5. #5
    Senior Member nukecad's Avatar
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    The appeal form itself says:
    According to the law, your appeal must be received by the tribunal no later than one calendar month after the date the
    mandatory reconsideration notice was sent to you. If your appeal is received after this date, it is a late appeal and the
    tribunal will need to know why it is late.
    Although you should normally appeal within one calender month of the MR rejection you actually have up to 13 months to lodge a 'late' appeal.

    So I wouldn't worry too much about it, but wouldn't leave it too much longer either.

    It's the tribunal service who decide whether or not a 'late' appeal can be accepted, not the DWP.
    The DWP can 'object' to a late appeal, but the courts routinely ignore that.

    You have to explain on your appeal form why you are lodging it late, not receiving it until 2 weeks after it was dated would usually be accepted as a good enough reason.
    https://www.citizensadvice.org.uk/be...nefit-appeals/

    You don't need to give your full argument when lodging your appeal, a simple statement that you 'don't agree with the DWP's decision because .........' is sufficient.
    You can give a fuller argument and supply evidence etc. later.

    You can lodge PIP or ESA appeal online these days, or do it by post, it may be best to download and read the postal form first even if you are going to apply online.
    https://www.gov.uk/government/public...ion-form-sscs1
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  6. #6
    Many thanks to you worried33 and nukecad for your valuable advice. From what you say it seems that I still have a few days to appeal, then, should I decide to do so. I also live in the Midlands, which seems to be one of the places where appealing online is being piloted (I think that is correct?). So I will download the form you suggested nukecad, and have a look through it before making my final decision. I feel I have a good case, as it seems that the DWP, in reducing my PIP from enhanced to standard, have gone against their own criteria guidelines for decision makers. My health has suffered over this financial loss, but the thought of putting my partner and myself through the appeals process has been depressing me. To be honest, I think my main reason for not appealing straight away has been the thought, which I haven't been able to shake off, that if I go ahead and appeal it will encourage the DWP to take 'revenge' by targeting me in some way for further assessments etc. in an attempt to cut my assistance further. I may be being irrational but the possibility has played on my mind.

  7. #7
    Senior Member nukecad's Avatar
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    Although it may seem like it at times the DWP don't take actions in revenge.

    To want to take revenge you have to care about something.

    The DWP don't care enough about anybody or anything to take revenge, they are just indifferent.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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