Before you appeal a PIP decision

You usually have to ask the DWP to look again at its decision – called a 'mandatory reconsideration' – before you can appeal. If you're unhappy with the result of the mandatory reconsideration you can then appeal. In some cases, there may be risks involved in challenging a decision about personal independence payment (PIP).

Always check the risks involved before requesting a mandatory reconsideration or appealing against a PIP decision. If in doubt, get advice.

On this page:

Check whether the decision can be appealed

Most decisions of the DWP about PIP can be appealed,1 but some kinds of decisions can’t. Even if it’s a decision that can be appealed, you usually have to ask the DWP to reconsider its decision first.

If a decision can be appealed, you should get written notice of the decision that includes information about:2

  • your right to appeal and your right to request a written statement of reasons for the decision (if this hasn’t already been included)
  • the need to apply for a mandatory reconsideration before appealing

Some decisions that can be appealed

You can appeal most PIP decisions, including those about whether you:

  • meet the qualifying conditions for PIP, such as:
    • the disability conditions
    • the required period condition
    • the residence conditions
  • have made a valid claim
  • have been overpaid benefit

These are just examples and are not the only decisions that can be appealed.

Which decisions can’t be appealed?

There are a few decisions that you can’t appeal.3 You can still ask the DWP to revise or supersede the decision but if it refuses you can only challenge that decision by applying for judicial review. 

Some decisions that can’t be appealed

Decisions that can’t be appealed include decisions about: 

  • whether a claim for one benefit can be treated as a claim for another
  • whether to suspend payment of benefit
  • whether to appoint someone as an appointee
  • how and when your PIP is paid (as opposed to the amount you should be paid)

More info

See our Welfare Benefits Handbook (for subscribers):

Revisions and supersessions

Applying for judicial review

Requesting a mandatory reconsideration

If you think a PIP decision is wrong, you usually have to ask the DWP to reconsider its decision before you can appeal. This is called 'requesting a mandatory reconsideration’ (legally, it’s a request for a revision). 

This only applies if the written notification of the decision tells you: 

  • that you can only appeal if the DWP has first considered your application for a revision (a mandatory reconsideration) of the decision and
  • the time limits for requesting a revision and
  • that you can request written reasons for the decision (if they haven’t been included in the notification) within one month of the date of the notification

If the notification doesn’t include this information, then you can appeal without requesting a mandatory reconsideration.4

Otherwise, you must always request a mandatory reconsideration before appealing a PIP decision. 

More info 

See our Welfare Benefits Handbook (for subscribers):

Mandatory reconsideration

The mandatory reconsideration decision

If the DWP has carried out a mandatory reconsideration, it should send you a mandatory reconsideration notice telling you the outcome. 

The length of time it takes to get a mandatory reconsideration decision varies and there’s no set time limit. 

For information on recent clearance times, see the latest statistical report on GOV.UK: Personal Independence Payment statistics

If you haven’t received a mandatory reconsideration decision: what you could do

The length of time it takes the DWP to decide on a mandatory reconsideration request should be reasonable. If you feel you’ve waited too long you could:

  • Contact the DWP to check that your mandatory reconsideration request has been received and how it’s progressing. Call the number on your decision letter.
  • Make a complaint to the DWP about the delay.
  • Contact your MP
  • Appeal to the First-tier Tribunal if the DWP has considered your mandatory reconsideration request but just not notified you of the decision. Provide as much evidence as possible that the DWP has considered your mandatory reconsideration request to convince the Tribunal your appeal is valid.5
  • Consider whether judicial review would be appropriate. See Support with the judicial review process for further information, and for advice contact our Judicial Review Project ([email protected]).

Risks of appealing 

If the DWP decides you don’t qualify for PIP and you disagree, there’s usually little risk in appealing.

However, if you’ve been awarded PIP but think it should have been awarded at a higher rate, or for a longer period, there may be risks involved. 

The tribunal can completely reconsider the decision being appealed and can make whatever decision the DWP could have made, including one that is less favourable to you than the original decision. This can happen even if you haven’t specifically appealed against all parts of the original decision. 

For example, if you disagree with the DWP’s decision that you don’t qualify for the mobility component of PIP and you appeal, the tribunal may also consider whether the amount of the daily living component the DWP has awarded you is correct, even if you haven’t asked it to consider this. However, there should normally be clear reasons for the tribunal to consider something that hasn’t been raised in your appeal and the tribunal should warn you if it is considering making a less favourable decision.

Weighing the risks of appealing: what you should know

When thinking about the risks of appealing, be aware of the following:

  • The tribunal does not have to consider issues that haven’t been raised in the appeal, but it has the discretion to do so.6
  • It's important to check what the law allows, given your circumstances, and to weigh up your chances of winning. If the chances of winning an appeal are not high, and the DWP’s decision seems generous given the rules, the risks involved may be higher and mean it’s not advisable to appeal.
  • If the tribunal is going to make a less favourable decision, it should warn you and normally give you time to prepare a response. Depending on the facts of your case, it should offer to adjourn a hearing to allow you to get advice or present more evidence, or to consider withdrawing your appeal. This applies even if you have a representative at the hearing.7
  • If a tribunal warns you that it’s considering making a less favourable decision, think very carefully about whether to withdraw your appeal. In practice, it may be difficult to persuade the tribunal not to make a less favourable decision if you decide to proceed with the appeal. Be careful about declining an offer of an adjournment. If you do this but then later wish to argue that the tribunal should have granted one, it will be very difficult to succeed. 
    For further information, see: Can you withdraw your appeal Postponement and adjournment

Understanding the reasons for the decision

To effectively challenge a decision, it’s important to understand the reasons why it's been made. In many cases, this will be clear. For example, if the DWP refuses your application for PIP because it thinks you don’t meet the disability conditions, the decision letter usually contains the reasons for the decision.

When you haven’t been given reasons for the decision, it may be worth getting more information before appealing. This helps you make sure you have grounds to appeal and formulate your argument about why the decision is wrong. If the DWP hasn’t given written reasons for its decision, you can ask for them. 

More info

See our Welfare Benefits Handbook (for subscribers):

Written reasons 

Have you got grounds to challenge the decision?  

It’s often worth appealing. Many decisions are matters of judgement or opinion, and another view of the same facts and evidence is possible. Sometimes, things simply go wrong.

However, there's no point appealing against a decision that's clearly legally correct, as this can’t be changed by the tribunal. And even if you disagree with the DWP’s decision on the descriptors that apply to you and so the points you qualify for, it’s only worth appealing if the points you think you should have been awarded would have an impact on the amount of PIP you're entitled to.

Check whether the DWP has got the law or the facts of your case wrong and whether this means it should have made a more favourable decision.

If you’re an adviser, even if your client has a right to appeal, you should assess the strength of their case and advise them on the likely chances of success in pursuing the appeal.

Example

The DWP has awarded Colin the standard rate of the daily living component of PIP (having given him 8 points for this) and the enhanced rate of the mobility component. The DWP have underestimated Colin’s difficulty with preparing food. It decided he needed prompting to prepare or cook a simple meal, but he needs assistance to do so. This means he should have been awarded another 2 points. Colin doesn't dispute the DWP’s assessment of the points he should be awarded for any of the other activities. Even if a tribunal agreed with Colin, he would only score 10 points for the daily living activity and this would not change the amount of PIP he would get.