PIP - Challenging decisions

If you are unsuccessful in your PIP application, or unhappy with the level of benefit awarded, you can ask DWP to look at their decision again.

This is called a mandatory reconsideration, and is the first step in the appeal process.

Making a mandatory reconsideration request for Personal Independence Payment

 You have to request a mandatory reconsideration before you can make an appeal.

Be careful, however, when you ask for a reconsideration they will look at the whole award and they can take away the rate already granted. If you are in any doubt seek advice.

You only have one month from the date of the decision to ask for a reconsideration of the decision, so take action immediately.

Telephone DWP (on 0800 917 2222 or the contact number supplied on their letter to you) and tell them that you want the decision to be reconsidered, and ask them to confirm that your request has been logged.

During this call tell them that before they reconsider the decision you would like to have sight of the health care assessor’s report, and that you want the opportunity to comment on the report before the reconsideration goes ahead.

Put your request in writing, as well, and send it to the address on the decision letter – keep a copy of your letter for yourself. If you have not received a copy of the assessors report within two weeks, ring them again to remind them. Seek advice and guidance as soon as possible.

  • As soon as you receive a copy of the report from the healthcare assessor compare the report with your account on the PIP forms.
  • Try to get medical evidence to show what you said on the form was correct, do note that some medical professionals may charge you for a report.
  • If it is likely to take several weeks to obtain medical evidence, you must inform DWP how long this is likely to take, so that they do not make a decision straight away.
  • Remember to keep copies of any reports/letters sent in.

Once you have the evidence to support your case, try to get help to write and explain why you think that the decision is wrong and point out where you think that you should have scored sufficient points in the assessment. The more information you can supply to support your case, the better the chance you have of getting the decision changed.

If you miss the one month time limit to ask for a reconsideration, seek advice as it can sometimes be possible to have it accepted late, as long as you make this request within 13 months of the original decision.

The assessment procedure for PIP is more rigorous than for DLA, and some people may not meet the tougher qualifying conditions.

PIP has only two rates of the daily living component – care needs during the night are no longer taken into account, and people who only qualified for DLA through the main meal test, will need to score additional points to qualify for PIP.

The regulations regarding distances you can walk out of doors have also changed, seek advice about the changes.

If, when you receive the reconsideration decision, you still disagree with the decision, you can appeal to a tribunal. You must appeal within one month of the date on the mandatory reconsideration notice. Do seek advice again to assist you with the appeal.

Disclaimer

Every effort has been made to ensure that this information is up to date, however changes in the law over time may affect the accuracy of some content. The information provided does not constitute legal or professional advice. You should always check details regarding your welfare rights with a local advice centre or the Department for Works and Pensions.

© Shine. Registered Charity No 249338 Company Number: 877990

Seek advice straight away

If you are challenging a decision, do seek advice straight away, do not wait.

Shine may be able to assist you: contact your Shine Support & Development Worker, or our National Office on 01733 555988, to find out more.

Citizen’s Advice Bureau or a local advice agency may be able to assist you.

 

 

 
Donate Become a member