How do I challenge a Personal Independence Payment decision?
If you disagree with the decision made on your benefit claim you can ask for a written statement of reasons, this will explain their stance on the matter, if you still believe the decision is wrong then you can ask for it to be looked at again, and/or appeal. The time limits are strict, you will usually be given one month to dispute a decision, so it is important to seek advice and act quickly. Decision Makers (and Tribunals) have a degree of freedom to take individuals circumstances into account, they can take a more individual approach.
At this point we would ask you to consider appointing ourselves to manage your appeal, we can arrange specialist medical reports and guide you through the process. The appeal will be based on what was entered on the claim form.
You can challenge a decision of the DWP on your PIP if
- Your claim was refused
- Your claim was successful but the rate is lower than you think it should have been
- Your claim was successful but for a shorter period than you expected.
Mandatory Reconsideration
You can apply for a mandatory reconsideration of a decision by phone, by letter or by filling out and returning the form which is available on gov.UK (.PDF).
The easiest method is to fill out the form as it gives guidance as to the type of information you will need to provide. It also provides a written record, unlike a phone call.
Ideally, mandatory reconsideration should be requested within one month from the decision. However, even if you miss the deadline, you can still ask for it and include in your letter or form, reasons for the lateness. If the DWP refuses your application, you can appeal the decision as long as your mandatory request was sent not later than 13 months after you received the initial decision from the DWP. You can also refer to the notes on how to disagree with a decision made by the DWP on the UK.GOV website (.PDF).
Your claim should be as detailed as possible, include any statements in the decision that you disagree with. You should also include examples and medical evidence where it is possible to do so. After receiving your request, the DWP will consider it and send a mandatory reconsideration notice. There isn’t a fixed timeline for this so it may take a few months. If your mandatory reconsideration request is unsuccessful, you can appeal to the HM Courts and Tribunals Service (HMCTS).
Appealing the Mandatory Reconsideration Notice
To appeal to a tribunal, you will need to provide the Mandatory Reconsideration Notice from the DWP, the completed appeal form. These need to be sent within one month from the date shown on the mandatory reconsideration notice.
You can start an appeal by filling out an online form on the UK.GOV website (www.gov.uk/appeal-benefit-decision/submit-appeal) or by filling out the SSCS1 PE (.PDF) and sending it by post to the HM Courts and Tribunals Service (HMCTS).
In filing the appeal form, please note the following points:
- It is important to provide specific reasons for your appeal. This may include statements made and evidence given in your request for mandatory reconsideration.
- Hearing in person: you have the option to choose whether or not you want an oral hearing. While your case can be assessed using only documents provided, it may be helpful to have an oral hearing that allows you to state your case either in person or over the phone.
- You should provide information about dates you will be available for any hearings and request any specific accommodations you might need to attend the hearing.
After receiving your form, the tribunal will request for a response from the DWP to be sent within 28 days. A copy of the response from the DWP, together with information regarding the next steps including details of the oral hearing (if you have requested one) will be sent to you. You can track your appeal online if you used the online appeal form. Otherwise, you can contact the HM Courts and Tribunals Service (HMCTS) on 0300 123 1142 to ask for updates to be sent to you via text message.
Useful Information for the Hearing
While preparing for the hearing, you should inform the tribunal of any changes to your availability and any new evidence as it becomes available.
We would be delighted to act for you in the following ways:-
- Help to prepare all the evidence you need to put your best case forward
- Appoint medical experts to help obtain this evidence
- Negotiate (if you consent) to meeting with officials to try and get you a better offer without going to a tribunal
- Research the laws that could be used in your favour
- Prepare a written statement/reports to send to tribunal ahead of the hearing
- Physically represent you at the appeal
- Seek the maximum benefit, or combination of benefits to increase the value and duration of your claim.
Our appointed experts take account of your situation allowing especially for the inconvenience, embarrassment, anxiety or depression experienced. From experience Lestons would always seek to challenge the assessment process, this is because the assessor may not have the required knowledge to assess its fullest capacity. The DWP has been known to use a raft of medical practitioners who are not specialists in the field of the disability/condition being claimed for.
We politely suggest that you appoint a specialist member of our team who will collate the papers and, where appropriate arrange for a medical opinion from a specialist of your condition, depending on your instructions we would either
- Prepare the papers for you and you can self-represent yourself at the hearing (we would, for obvious reasons not suggest this route)
- Attend with our representative who will represent you, or
- Attend with our representative and an appointed medical specialist (always the best option)
If your appeal is successful, you will be informed in a few weeks and your new PIP payments will be made every 4 weeks. If unsuccessful, you will receive a notice informing you of this and outlining all your options. You may be able to appeal to a superior tribunal if you think the decision of the HM Courts and Tribunal Service was wrong in law. However, at this point is advisable to get legal advice before filing an appeal, out of fairness we would not normally suggest this route as they rarely get the legislative element incorrect.
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