Yahoo News How to challenge DWP if your PIP award decision is wrong - all the steps you need to take
You can challenge the Department for Work and Pensions if you think your PIP decision is wrong - and here is a guide explaining how to do it.
Minister for Disabled People, Health and Work, Mims Davies, recently said the DWP had reduced clearance times for people challenging their Personal Independence Payment to 39 days. The Minister said this was down to improvements in “processes and increasing decision-making capacity”.
Latest figures show that during the 2022/23 financial year, some 5,300 people successfully challenged the DWP over its initial PIP award decision. Of that total, around 1,500 claimants have also been awarded at least one enhanced payment rate of either the daily living or mobility component of the disability benefit through the Mandatory Reconsideration process, reports the Daily Record.
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PIP is now worth between £28.70 and £184.30 each week and, as the benefit is paid every four weeks, this amounts to between £114.80 and £737.20 every payment period. Existing claimants and people making a new claim for PIP could be due up to £9,583.60 over the 2024/25 financial year.
However, if you have made a claim for PIP and disagree with the award decision, you can challenge it - this may include asking for the decision to be looked at again (Mandatory Reconsideration), lodging an appeal or taking it to a tribunal. Below are the steps to follow. Full guidance on challenging benefit decisions can be found on GOV.UK here.
Check the PIP decision
If you don’t understand the decision on your letter, you can ask the DWP to explain it by contacting them using the details on the top right of the decision letter.
Ask for Mandatory Reconsideration
A Mandatory Reconsideration is when the DWP looks at their decision again and decides whether to change it. The best way to ask for a Mandatory Reconsideration is to write to the DWP at the address on your decision letter. You normally have one month from the date you got your decision letter to ask for Mandatory Reconsideration.
Get a Mandatory Reconsideration Notice
Once the DWP has looked again at the decision, they will send you a Mandatory Reconsideration Notice. This notice will tell you if the decision has been changed or it stays the same.
Appeal to a Tribunal
If the DWP does not change their decision when you ask them to look at it again, you can appeal to an independent panel, called a tribunal. The tribunal looks at the evidence from both sides, then makes a final decision. It is part of the court system - it is not part of the DWP.
When you can appeal to a tribunal
You can appeal any decision made about your PIP claim. Some of the most common reasons are:
you did not get PIP
you got a lower level of PIP than you expected
you think your PIP award should last for longer
The appeal will look at whether the decision was right at the time it was made - they won’t consider whether your condition has got worse since then. Get advice from your local Citizens Advice, or welfare support team at your local council.
To be allowed to appeal to a tribunal, you will need:
your letter from the DWP with the words ‘Mandatory Reconsideration Notice’ at the top - if you’ve lost it, ask them for a new one
to send your appeal form in within one month of the date shown on the mandatory reconsideration notice
Citizens Advice warns that the tribunal process can take a long time. A statement on their website reads: “The process can be draining but it’s worth remembering that more than half of people who appeal their PIP decision win at a tribunal. If you feel the decision is wrong, don’t be put off appealing.”
Complete the appeal form
There are two ways to appeal. You can either:
fill in an appeal form, called the SSCS1 - get a copy of the SSCS1 and check the guidance notes for the SSCS1 on Gov.uk
appeal against the decision online on Gov.uk
Make sure you complete the whole appeal form otherwise your appeal could be rejected.
Explain why you are appealing
The most important part of the application is ‘Grounds for appeal’- if you’re filling in form SSCS1, this is Section 5. In this box you need to give the specific reasons why you disagree with the decision.
Use your decision letter, statement of reasons and medical assessment report to note each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.
You might have done this already for your Mandatory Reconsideration Letter - if so, you can use the same examples and pieces of evidence again. You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the box and attach any papers securely to the form.
Tribunals can look at your whole award again. So you should consider whether you risk losing your current award - for example, if you've got evidence to support a daily living component but might lose your mobility award because you can now move better.
If you're not sure, you should get advice from your nearest Citizens Advice or support team at your local council.
Tribunal dates availability
You can add the dates you're not available and information about anything you need at the hearing - if you're filling in form SSCS1, this is Section 7.
Think about anything that might stop you being able to go to the hearing and write it down. For example:
you can only attend a hearing during school hours because of childcare responsibilities
holidays you’ve booked
any dates you’ve got important medical appointments
If you don’t mention these and the hearing is booked for a date you’re not available, you might not be able to change it.
For more advice about challenging a PIP decision and understanding the tribunal process, Citizens Advice have detailed information plus examples of statements showing what to write when making an appeal.
