Submitting your PIP appeal

To appeal against a personal independence payment (PIP) decision, you must submit a notice of appeal to HM Courts and Tribunals Service (HMCTS). There are time limits for submitting an appeal.

Have you considered whether there are risks in challenging the PIP decision? If not, check Before you appeal

On this page:

Getting advice

It's a good idea to get help with appealing from a local advice agency that provides free, independent advice. An adviser can help you assess whether you have grounds to appeal and whether there are any risks involved in appealing. They may be able to help you submit your appeal and once the DWP has sent its response, help you prepare a written submission for the tribunal. Depending on resources, they may also be willing to act as your 'representative' and attend your appeal hearing with you. Once you've informed HMCTS that they act as your representative they will be sent any document relating to your appeal that you should be sent and can help you put your case to the tribunal.

To find an adviser, check advicelocal.uk

The time limit for appealing

The time limit for appealing depends on whether you have to ask the DWP to reconsider its decision before you can appeal.

Requesting a mandatory reconsideration

If you have to ask for a mandatory reconsideration before appealing

If you have to ask for a mandatory reconsideration before appealing, the standard time limit to appeal is one calendar month from the date you are sent the mandatory reconsideration notice (this is the written notice the DWP sends you to tell you the outcome of the mandatory reconsideration). Your appeal must normally be received by HMCTS within this time limit.1

If you’ve missed the one-month time limit, you may still be able to make a late appeal. 

Example

The DWP sends a mandatory reconsideration notice to Leon which is dated 4 March. The DWP hasn’t changed the original decision. Leon wants to appeal.

The standard time limit for Leon to make his appeal expires at 5pm on 4 April. HMCTS must receive his appeal by then. Just posting it within the time limit is not enough.

If you don’t have to apply for a mandatory reconsideration

If you don’t have to apply for a mandatory reconsideration before you can appeal, the standard time limit is one calendar month from the date you are sent the decision.

If the decision didn’t contain a written statement of reasons for the decision and you request one within one-month of being sent the decision, this time limit can be extended by 14 days or, if later, to 14 days after the date you were sent the written statement of reasons. 2

If you’ve missed the standard time limit, you may still be able to make a late appeal. 

Late appeals

If you don’t appeal within the standard time limit, you may be able to make a late appeal if the DWP doesn’t object and your appeal is received no later than 12 months after the time limit expired. This is known as the ‘absolute time limit’.3

The DWP doesn’t usually object to late appeals and, even if it does, the tribunal can still decide that your late appeal should go ahead. 

Rarely, the tribunal can decide not to accept your late appeal even if the DWP doesn’t object.4 If this happens, you can appeal against the refusal to the Upper Tribunal. 

More info

See our Welfare Benefits and Tax Credits Handbook (for subscribers):

Appealing to the Upper Tribunal

 Late appeals: what you should know

  • The First-tier Tribunal can take any relevant circumstance into account when deciding whether to accept your late appeal.
  • The tribunal must ensure that your request is treated ’fairly and justly’.5
  • Give detailed reasons to help the Tribunal understand why it would be fair and just to allow your appeal to go ahead. You can do this in the relevant part of the appeal form (see below: Completing the appeal form).
  • Any reasons can be considered, so what you include in the appeal form depends on your circumstances. For example, you could explain:
    • if your own or someone else’s illness or disability made appealing difficult and why
    • if you were given incorrect advice or were misled by what you were told by the DWP
    • if you had trouble getting advice about your entitlement or how to challenge the decision
    • if, because of language barriers, it was difficult for you to appeal or get advice
  • If you can, also explain why it‘s important for the appeal to go ahead. If your case is strong or the amount of money involved is significant given your circumstances, mention this. 

Example

Ella received a decision, dated 21 May, saying she wasn’t entitled to PIP. She asked the DWP to reconsider its decision. Ella’s request was received on 15 June. The DWP carried out a mandatory reconsideration, but the decision wasn’t changed. It sent Ella a mandatory reconsideration notice on 9 July.

After getting the mandatory reconsideration notice, Ella had an accident at home which resulted in her spending a short time in hospital. Because of this, she didn’t appeal until 2 September. This is outside the standard one-month time limit, (the one-month period started on 9 July), but within the absolute time limit.

Ella stated on her appeal form that she was appealing late because her accident and hospital stay made it difficult for her to appeal within one month. She also explained that her appeal had strong merits and that her GP could confirm that she needs a lot of help at home and did so even before her accident.

If you miss the absolute time limit

The tribunal only accepts appeals made outside the absolute time limit in exceptional circumstances. This would have to be on human rights grounds where your right to a fair trial has been breached and you have done all you can to appeal on time.6

How to make a valid appeal

To appeal, you must submit a valid notice of appeal to HMCTS. To be valid, your notice of appeal must be in writing and must include certain information. 

The best way to ensure your appeal is valid, is to either:

  • complete the online appeal form, or
  • download and complete the official paper appeal form (Form SSCS1)

See Submit your appeal on GOV.UK.

Making a valid appeal: what you should know

To be valid, your appeal must:

  • be in writing (in English or Welsh)
  • unless you’re submitting the online appeal form, be signed by you or your appointee (if the DWP has appointed someone to act for you). Alternatively, the tribunal can accept an appeal that has been signed by a solicitor who is advising you or by your representative if they also send your written authority. However, it’s best for either you or your appointee to sign the form to avoid potential difficulties.  
  • include the following:
    • your name and address, and those of your representative, if you have one
    • the address where you’d like the tribunal to send your appeal documents
    • the reasons (known as 'grounds') for your appeal
    • a copy of the mandatory reconsideration notice (or the decision letter if you can appeal without having a mandatory reconsideration). If you make an online appeal, you only need to include the date your mandatory reconsideration notice was sent
    • any documents that the DWP doesn’t already have which support your appeal (although you can also send documents later)7

If you don’t have a copy of the mandatory reconsideration notice

If you had to request a mandatory reconsideration before you can appeal but don’t have a copy of the mandatory reconsideration notice, send your appeal anyway in order not to miss the time limit and provide as many other details as possible. 

For example, give the date of the original decision, evidence that you requested a mandatory reconsideration and evidence that this was carried out. Ask the DWP for a copy of the mandatory reconsideration notice and send it to HMCTS when you get it.

If the tribunal says your appeal is not valid

Only the tribunal can decide whether your appeal is valid. If the tribunal clerk thinks there’s not enough information in your appeal, they can ask you to provide more. If you used the official appeal form, they might send it back for you to add more information. If you can, make sure you do what the clerk asks. Otherwise, they may decide that your appeal should be ‘struck out’ (cancelled).8

Completing the appeal form

The appeal form asks for:

  • your name, address, national insurance number and contact details
  • your representative’s name and address (if you have one)
  • the address you want the appeal documents sent to
  • details from the mandatory reconsideration notice (if you had to request a mandatory reconsideration before appealing)
  • details of the letter which notified you of the decision you’re challenging (if you didn’t have to request a mandatory reconsideration). You’ll also need to explain why you didn’t need to request a mandatory reconsideration
  • the reasons why your appeal is late, if you’re submitting it after the standard time limit
  • the reasons (‘grounds‘) for your appeal
  • you to state whether you prefer to take part in the appeal hearing or not. If you choose to take part, you’re asked about any:
    • adjustments you need so the hearing is accessible to you, such as a hearing loop or an interpreter
    • dates you would not be available to take part in a hearing

Grounds for your appeal

The grounds for your appeal are the reasons why you disagree with the decision. Your grounds don’t need to refer to the law necessarily, but they must state why you’re appealing and show why you think the decision is wrong.

The grounds for your appeal: what you should know

  • Your grounds don’t need to be lengthy but should be as clear as possible. Just saying you disagree with the decision is probably not enough, you need to explain why you disagree with it.
  • When deciding your appeal, the tribunal will be assessing the credibility of your account of your circumstances. Make sure your grounds are consistent with previous information you’ve given, or explain the reason for any inconsistency.
  • In some circumstances, it's advisable to give only brief reasons for the appeal on the form and submit more detailed reasons to the tribunal once you’ve seen the DWP’s response. For example, if your appeal relates to the disability conditions for PIP, and you don’t remember what you’ve told the DWP, or haven’t seen the healthcare professional‘s medical report.
  • The grounds should reflect your circumstances at the time of the original decision. The tribunal can’t consider any change in your circumstances that occurred after this date (although it can take into account evidence produced after that date).9
  • If you’ve previously sent your reasons for disagreeing with the DWP’s decision, perhaps in connection with your request for a mandatory reconsideration, you can refer to these as the reasons for your appeal and just include a copy of what you wrote before.
  • If you have any evidence which supports your appeal that the decision maker doesn’t have (like a letter from your doctor), refer to it in what you write and send it with your SSCS1 form. Take a copy of it before sending. If you’re trying to get more evidence, don’t delay appealing. You can still send evidence after you’ve submitted your appeal.
  • If an adviser is helping with your appeal, its a good idea to get them to look at any evidence before you send it to check that it is relevant and supports your appeal.

Example

Grounds for the appeal

I disagree with the DWP’s decision that I am only entitled to the standard rate of the daily living component of personal independence payment. I think I should score sufficient points to qualify for the enhanced rate of the daily living component because of the difficulties I have with preparing meals, managing my medication, washing and dressing.

Deciding whether to take part in the hearing

The appeal form asks whether you want to take part in the hearing. This means a date would be arranged for you to attend a hearing of your appeal. The hearing can be conducted by telephone or video call, or in person. 

If you feel you can’t take part in the hearing, the tribunal reaches its decision on your appeal by just considering the evidence in the appeal documents and applying the law. HMCTS calls this a paper hearing even though, strictly speaking, there isn’t a hearing. 

An in-person hearing normally takes place at a tribunal venue nearest your home. If there are exceptional circumstances, a hearing can also take place in person at your home. This is called a domiciliary hearing. Domiciliary hearings are rare and will only be arranged if the tribunal accepts that you can’t get to a tribunal venue, and a telephone or video hearing isn’t possible. 

Taking part in the hearing: what you should know

The following points may help you make your decision.

  • Usually there’s a higher chance of winning your appeal if you take part in it. A hearing allows the tribunal to hear directly from you about how your ill health or disability affects you. They can ask you questions, clarify facts and discuss the evidence.
  • Tribunal hearings are meant to be informal and not ‘adversarial’ (they’re not like criminal court cases). The First-tier Tribunal has an 'inquisitorial', ‘fact-finding’ role, meaning the hearing is like a discussion or inquiry, rather than a conflict between two sides, arguing 'for' and 'against'.
  • The tribunal itself does most of the questioning and there is rarely any cross-examination.
  • It’s not usually advisable to have your appeal decided 'on the papers' (that is, without a hearing). The success rates for appeals decided just on the papers are generally lower than they are for appeals decided at a hearing. If you choose for your appeal to be decided on the papers, you may increase your chances of winning by sending a submission to the tribunal. See Writing the submission for your PIP appeal.
  • If you choose a hearing, the tribunal decides whether to conduct it by telephone, video call or in person. It must deal with your appeal ‘fairly and justly’. This includes ensuring, so far as practicable, that you’re able to participate fully in the proceedings.10 If you have reasons why you want your hearing to take place in a certain way, explain them on the appeal form. For example, if you would find it difficult to be at an in-person hearing because of your ill health or disability, you should say so.
  • A tribunal may find it easier to understand your situation if they can see you, and an in-person or video hearing allows this.
  • If you have a representative, they can be at the hearing to help you, and you can have someone else at the hearing to support you such as a friend or relative.

Where to send the appeal form

If you’ve completed an online form, you can submit it online. 

Otherwise, send your appeal to HMCTS at the address on the appeal form (see Form SSCS1 on GOV.UK for details).

Keep a copy of the form and of any evidence you submit. If you’re sending it by post, it’s best to send it by ‘signed for’ delivery so you have proof of receipt.

If your health worsens after the DWP’s decision

If your circumstances change after the date of the DWP’s decision, the tribunal can't take this into account when making a decision on your appeal.

If your health condition worsens and you're appealing against a decision not to award you PIP, consider making a new claim while waiting for your appeal. If you're already getting PIP, consider asking for a 'supersession' of your award (that, is asking for the decision on your award to be changed) on the basis of the change in your circumstances. If the DWP doesn't make the decision you want on your new claim or the supersession, you can challenge that decision.

The position can be complicated, so you may wish to get advice. 

More info

See our Welfare Benefits and Tax Credits Handbook (for subscribers):

What you should do if your circumstances change

After you submit your appeal

When HMCTS receives a valid appeal, it sends a copy of the appeal to the DWP.10

HMCTS also sends you an acknowledgment of your appeal, which includes contact details for the office handling your appeal. Be sure to keep this, in case you need to refer to it later. 

If you appealed online, you should get the acknowledgement by email. The email contains a link that you can use to set up an online account. You can use the online account to: 

  • track the progress of your appeal
  • upload your submission and further evidence to support your appeal
  • update your details

It may be some time (possibly several months) before your appeal is decided by the tribunal. Your main point of contact with the tribunal during this time is the tribunal clerk.

If the DWP changes its decision

The DWP will look at the grounds of your appeal and any further evidence you’ve provided and may consider revising (changing) its decision. It can do this any time before your appeal is heard by the tribunal. 

If the DWP revises its decision and the new decision is more advantageous to you, your appeal 'lapses' (in other words, it doesn’t go ahead).11 This applies even if the revised decision doesn’t give you all you wanted. However, you can submit a new appeal against the revised decision.

‘Offers’ from the DWP: what you should know

After you’ve appealed, the DWP may phone you to discuss making a new, revised decision. If you have a representative, the DWP should contact them instead of you. 

If the revised decision wouldn’t give you everything you could be awarded by the tribunal, there are some things that are helpful to know.

  • According to the DWP, it should only make a new decision if you agree. Some PIP claimants and their representatives have experienced the DWP making an 'offer' of a new decision so that they 'drop' the appeal. The DWP says this is not its policy.
  • You don’t have to agree to the DWP making a new decision. If you don’t agree, your appeal against the original decision will continue as usual.
  • If you do agree to it, and the new decision is made, your appeal will lapse. However, you can still appeal against the new decision. (You don’t need special reasons.) The DWP should explain this to you.
  • If you agree to the new decision and the appeal lapses, you should be paid the amount you’ve been awarded under the revised decision. This applies even if you’ve appealed against the new decision.
  • If your appeal goes ahead, or if you’ve appealed against the new decision, the tribunal must take the decision that the DWP proposed to make, or the new decision it actually made, as the starting point for its consideration.12
  • If the tribunal wants to make a decision less favourable to you than either the new decision the DWP proposed or the one it did make, it must give you adequate warning. This is so that, for example, you can get advice or make arguments about why a less favourable decision shouldn't be made.
  • If you agreed to the new decision and were paid the amount awarded under the revised decision while waiting for your appeal against it, but the tribunal makes a less favourable decision, any resulting overpayment may not be recoverable from you.

 For further information, see our article Latest offers – PIP appeals (October 2021).

Can you withdraw your appeal? 

You can withdraw your appeal at any time before the hearing by writing to the tribunal to request this. You don’t have to give any reasons. If you withdraw your appeal, it’s not considered by the tribunal, and the original decision stands. The withdrawal is automatic unless the tribunal directs that it must agree to the withdrawal.13

If you want to withdraw your appeal after the hearing has started, you can tell the tribunal judge, but the tribunal must agree to the withdrawal. You could be asked to give reasons. The same applies if your hearing has been 'adjourned' (paused) and the tribunal has directed that you need its permission to withdraw your appeal.

Reinstating your appeal

If you withdraw your appeal, you (or the DWP) can apply to the tribunal in writing for it to be reinstated. Your application must be received within one month of the date the tribunal notified you that your withdrawal had taken effect. This will be the date of the hearing (if you were at the hearing and the appeal was withdrawn during the hearing), otherwise, it's the date you were sent the notification. In some circumstances, the tribunal may agree to extend this deadline.14

The DWP’s response to your appeal

Unless your appeal has lapsed or you have withdrawn it, the DWP must prepare its response to your appeal. The response should contain a summary of its reasons for making the decision and details of the law on which the decision is based. The DWP includes its response in a set of appeal papers – sometimes referred to as an appeal 'bundle' (or ‘the DWP’s bundle’) – which must also contain copies of the decision and any documents the DWP holds that may be relevant to the appeal.

The DWP must send this appeal bundle to the tribunal within 28 days of receiving notice of your appeal.15 In some circumstances, the tribunal may agree to extend this time limit.

Both you and your representative (if you have one) are sent a copy of the appeal bundle.

  • 1

    Rule 22(2)(d)(i) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008; R(IB) 4/02

  • 2

    Rule 22(2)(d)(ii) and Sch 1, para 5 Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 3

    Rule 22(8) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 4

    Rule 5(3)(a) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 5

    Rule 2 Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 6

    GJ v SSWP (PIP) [2022] UKUT 340 (AAC)

  • 7

    Rule 22(3) and (4) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008; CO v LB Havering [2015] UKUT 28 (AAC)

  • 8

    Rule 7(2) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 9

    s12(8)(b) Social Security Act 1998

  • 10

    Rule 22(7) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 11

    s9(6) Social Security Act 1998; reg 52 The Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Decisions and Appeals) Regulations 2013

  • 12

    DO v SSWP (PIP) [2021] UKUT 161 (AAC)

  • 13

    Rule 17 Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 14

    Rules 5 and 17 Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

  • 15

    Rule 24(1)(c) Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008