Appealing PIP mandatory reconsideration refusal

Yes, you can. If your mandatory reconsideration for Personal Independence Payment is unsuccessful, you have the right to appeal to the First-tier Tribunal (Social Entitlement Chamber). This is an independent tribunal and is entirely separate from the Department for Work and Pensions.

How the process works:

1. You will receive a Mandatory Reconsideration Notice, which sets out the decision and the reasons for it. You need this document to lodge your appeal.

2. You must submit your appeal within one month of the date on the Mandatory Reconsideration Notice. In some cases you can apply for a late appeal up to 13 months after that date, but you will need to give good reasons for the delay and the tribunal has discretion to refuse a late appeal.

3. You appeal by completing form SSCS1, which is available online or from your local Citizens Advice. You can also submit your appeal online via the government's appeal a benefit decision service.

4. You send the appeal to HM Courts and Tribunals Service, not to the DWP.

What happens at the tribunal:

The tribunal is usually made up of a judge, a doctor, and a disability-qualified member. They will look at the decision afresh, considering all the evidence, including anything new you provide. They are not limited to reviewing whether the DWP made an error. They can substitute their own decision based on how your condition affects you.

Important practical points:

You should attend the hearing if you possibly can. Statistics consistently show that appellants who attend in person have a significantly higher success rate than those who opt for a paper hearing. You can bring a representative or supporter with you.

You are entitled to submit additional evidence with your appeal or at any point before the hearing. This might include further medical evidence, a supporting letter from a consultant, GP, or other health professional, care notes, or a detailed personal statement explaining how your condition affects your daily living and mobility. Strong medical evidence that directly addresses the PIP descriptors and activities is particularly valuable.

There is no cost to appeal. There are no tribunal fees for social security appeals.

If you disagree with the tribunal's decision, there are further routes, including applying for the decision to be set aside on procedural grounds or seeking permission to appeal to the Upper Tribunal on a point of law, but those are more limited in scope.

Success rates on PIP appeals are notably high. In recent years, a substantial proportion of PIP appeals heard at tribunal have been decided in the claimant's favour, so it is well worth pursuing if you believe the decision was wrong.

If you want, I can help you think through the evidence you might need or how to prepare your appeal?