If your Mandatory Reconsideration does not change a PIP decision, you can take your case to an independent tribunal. This is one of the most important rights you have, because a large share of PIP appeals succeed. The tribunal is not part of the DWP, and the process, while it takes time, is designed to be fair and not intimidating. This guide explains how a PIP appeal works, step by step.
What the tribunal is
The First-tier Tribunal that hears benefit appeals is independent of the DWP. It is run by the courts and tribunals service, and a panel looks at your case afresh, rather than simply checking the DWP's decision. The panel usually includes a legally qualified judge, a doctor, and a member with knowledge of disability, so it is well placed to understand your situation.
Your chances are good
It is worth knowing that a high proportion of PIP appeals that reach a tribunal succeed, with around two-thirds of appellants getting a better outcome in recent years. This is a strong reason not to give up after a Mandatory Reconsideration. Many people who were refused or underscored find that an independent panel, hearing their account in person, reaches a very different decision.
How to appeal
To appeal, you complete an appeal form, the SSCS1, or appeal online, and you must do so within one month of the date on your Mandatory Reconsideration Notice. You will need to include a copy of that notice. On the form you explain why you think the decision is wrong, although you will have the chance to expand on this later, so do not worry about including everything at once.
Choose an oral hearing
You can ask for your appeal to be decided on the papers alone or at an oral hearing where you attend. Choose the oral hearing. People who attend in person, whether face to face or by video or phone, are far more likely to succeed than those who leave it to the papers, because the panel can ask questions and hear your account directly. Attending gives you the best chance.
Preparing your case
Before the hearing you will receive the DWP's appeal bundle, containing the documents and the assessment report. Read it carefully and note where you disagree. Prepare by going through each activity, with examples of your difficulties, and gather any further evidence, such as up-to-date letters from your doctors. Make notes you can take in with you, so nerves do not cause you to forget important points.
What the hearing is like
The hearing is usually informal and held in a small room, not a courtroom. The panel will ask you questions about how your condition affects you. They are not there to catch you out, but to understand your situation, so answer honestly and fully, describing your difficulties on a typical and a bad day. Take your time, and say if you need a break. A hearing typically lasts under an hour.
Take someone with you
You can bring a representative, such as a welfare rights adviser, and a friend or family member for support. A representative can help present your case and deal with the legal side, while a companion can give you confidence and add their own observations. You do not have to have a representative, but having support, in whatever form, often makes the experience easier and the outcome better.
The decision
The tribunal usually tells you its decision on the day, and you receive it in writing afterwards. If you win, your award is put right, often backdated, so you receive what you should have had. If your circumstances were correctly assessed, the panel will explain why. Either way, you will understand the outcome and the reasons for it.
If the appeal does not succeed
If you lose, you can only challenge further on a point of law, by asking for permission to appeal to the Upper Tribunal, which is a more technical step where advice is essential. For most people, the First-tier Tribunal is the key stage, which is why preparing well and attending in person matter so much. If you do lose, an adviser can tell you whether there are grounds to go further.
How long an appeal takes
Appeals take time, often several months from lodging the appeal to the hearing, because of the volume of cases. This can feel frustrating, but the wait is usually worth it given the success rate. While you wait, keep gathering evidence and prepare your account, so that when your hearing date comes you are ready. An adviser can give you a realistic idea of current waiting times in your area.
Adjustments and postponements
The tribunal can make adjustments so you can take part fairly, such as arranging a video or telephone hearing, allowing extra breaks, or making the venue accessible. If you need an adjustment, ask in advance. If something serious means you cannot attend on the date given, you can ask for a postponement, explaining why. The tribunal would rather make reasonable arrangements than have you miss your chance to be heard.
On the day
There is no need to dress formally or to feel intimidated; come as you are and focus on explaining your difficulties honestly. Arrive in good time, bring your notes and any evidence, and bring your supporter or representative. If you feel unwell or anxious during the hearing, tell the panel, who can offer a break. Remember that the panel is independent and there to give your case a fair hearing.
You are unlikely to be worse off for appealing
A common worry is that appealing might make things worse. In practice, the tribunal looks at your whole award, and while it could in theory change any part of it, the great majority of appellants either improve their award or keep it the same. The high success rate is a strong reason to appeal a decision you believe is wrong, rather than accepting it out of fear. If you are anxious about this, an adviser can talk you through what to expect.
Getting new evidence in
If you obtain new evidence after lodging your appeal, such as an up-to-date letter from a consultant, send it to the tribunal as soon as you can, rather than waiting until the hearing. Late evidence can still be considered, but giving the panel time to read it in advance is better. Make sure your name and appeal reference are on everything you send.
After a successful appeal
If the tribunal decides in your favour, the DWP puts your award into payment at the correct rate, usually backdated to the original decision, so you receive the money you should have had. The tribunal also sets how long your award lasts. Keep the decision safe, as you may need it to update other benefits or to show the services that PIP unlocks, and check that your payments and any linked benefits are corrected.
Where to get help
Representation and support for tribunals are available free from Citizens Advice, welfare rights services and disability charities, and good representation improves your chances. Do not be put off by the idea of a tribunal: it is your right, the panel is independent, and the odds are better than many people expect. To make sure you have exhausted the earlier stage first, see our guide to the Mandatory Reconsideration.
