late request for 1st tier tribunal WSOR

I just had a late request for WSOR for failed ESA appeal turned down. Reason was claimant should have realised that he had 1 month to appeal.

I only got involved with client during his DLA appeal. this was 2 months after ESA appeal.

Client does not have english as his 1st language.

Has anyone had a late request refused?

Is it worth appealing on the basis that english is not his 1st language

Yes it is worth appealing because eventually an Upper Tribunal judge will have the chance to overrule the FtT.  I think the correct procedure now is that you seek permission to appeal without an SOR in the interests of justice under Rule 38(7)(c).  The FtT will probably refuse uness a different judge deals with it, then you seek permission directly from the UT without an SOR- they might see it differently.

I did this once and found that the FtT wilfully missed the point.  My application for permission to appeal under r38(7)(c) was rejected with comments to the effect that I was seeking permission to appeal against the refusal to issue an SOR out of time.  No I wasn’t - I was seeking permission to appeal against the actual substantive decision.  Perhaps be an idea to make that clear in the application.