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13 month absolute limit to appeal  

 

SocSec
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my client requested MR against an esa decision, did not get a reply, asked again within 13 months, still no MR, can she now appeal directly to tribunal.dwp has written to say she did not ask for an mR and is now out of time, the trouble my be client has no idea where sh first sent MR request other than to the dwp !! I have seen copy of second request made within 13 moths time limit which was addressed to dwp at wolverhampton..

     
Elliot Kent
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If an MR was requested within 13 months and the DWP have responded to that request indicating that they will not revise their decision because the request is late, your client can lodge an appeal. The time limit runs from the date on the letter indicating that they will not revise their decision.

     
SocSec
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thanks Elliot,

     
SocSec
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welfare benefits/citizens advice//ashfield

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Total Posts: 372

Joined: 11 July 2013

however dwp are saying 13 month limit is exceeded, but a request was made within 13 months but not processed . I have copy lettre asking for MR within 13 months