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If you made a claim for PIP and you didn't get the award that you think you were entitled to, don't give up. This guide and mandatory reconsideration tool will help you challenge the decision by asking the DWP to look at their decision again – to see if it was correct. This is called a 'mandatory reconsideration.’
If they don’t change the decision straight away, we also have help that will show you how to successfully appeal the decision.
The information in this guide applies to people who have applied for Personal Independence Payment in England, Wales and Scotland. It will also be helpful for claimants in Northern Ireland.
Last updated: March 2024
Unfortunately, it is hard to get much help from an adviser with your mandatory reconsideration. Most people have to do most or all of the work themselves or with the help of their family and friends.
That is why we made our PIP mandatory reconsideration tool – to make it easy for you to write a really good letter that sets out your case.
Research suggests that using out tool more then doubles your chances of getting the decision overturned at the first stage.
If you are looking at whether you have been given the right decision there are some things you need to understand.
Whether or not you are entitled to PIP is based on how your illness, and treatment, condition, or disability affects you and what help you need with very specific things.
PIP awards are worked out using a points system. For example, if you need help from another person to wash your hair, you get 2 points, if you need help to get into the shower or bath you get 3 points, etc. You only score one set of points from each activity (for example, washing), so you should get whichever gives you the most points.
You need 8 points to get the standard rate of the daily living component, or 12 points for the enhanced rate. Similarly, you need 8 points for the standard rate of the mobility component and 12 points for the enhanced rate.
If the only way you can do something is to do it unsafely, badly, slowly, or only occasionally/not repeatedly, the correct descriptor is the one that says you cannot do it. So, for example, if you do cook alone but you can’t do it safely because you can’t see what you are chopping or where the pan of boiling water is, you meet the descriptor that says you need supervision to stay safe or help to cook. Or, if you can walk 100 metres but it takes you more than twice as long as it would take a non-disabled person, or you could only do it once a day, you meet the descriptor that says you cannot do it.
Similarly, if you can do a task but doing it causes you pain, tiredness, breathlessness, nausea or makes your condition worse, the correct descriptor is the one that says you cannot do it. So, for example, if you can walk 20 metres using walking sticks but doing so hurts you, makes you so tired you cannot manage other things like cooking a meal, or makes your condition worse for the next few hours, you meet the descriptor that says you cannot do it.
If your condition is worse on some days than others, you will meet the requirements of a particular descriptor if that is how your condition is for more than 50% of the time. For example, if you could sometimes manage a simple budgeting decision by yourself, but on most days would find that impossible, you meet the descriptor that says you need that help. Or if you need physical help to undress every other day, you meet that descriptor. You would also meet it if you had a good 2 weeks, but then couldn’t undress without help for the next two weeks. If you don’t meet the requirements for one descriptor for 50% of the time, but you do meet the requirements for two descriptors for the same activity and that adds up to more than 50% of the time, you get the points for the descriptor that you meet for most of the time.
If you haven’t checked what rate you should be getting yet, use our PIP mandatory reconsideration tool. It will help you work out if the DWP has given you the right decision. And if they haven’t, the self-help tool helps you to write a really good letter asking for a mandatory reconsideration.
You need to ask the DWP to look at their decision again (called a ‘mandatory reconsideration’) within one month of the date on the letter they sent you about your PIP claim. If one month has already passed you should still ask them, see If you have missed the deadline below.
We have created a PIP mandatory reconsideration tool to help you write a really good letter asking them to look again at your claim.
Technically you can ask for a mandatory reconsideration over the phone, but it is definitely better to do it in writing. Only ask for a mandatory reconsideration over the phone if you are about to miss the one-month deadline. If you do this, follow up your request in writing using our tool.
If you have any more evidence that you think will help (for example, a letter from your doctor, social worker, support worker, or carer, who could be a friend or family member) send that too. If you do not, it is rarely worth waiting to get some.
Sometimes the DWP imply you have to talk to them before you ask for a reconsideration. You don’t and there is no reason to. Remember any advice they give you about whether it is worth asking for a mandatory reconsideration may not be in your best interests. We suggest you get independent advice or follow the information on this website.
When you ask for the DWP to look at their decision again, people are often told that they need to provide further medical evidence to have a chance of getting the decision changed. This is not true. DWP staff might not change the decision at the reconsideration stage without new medical evidence, but appeal tribunals often do.
Anything that gives information about your support or care needs can be relevant.
It is also very possible to win an appeal even without any further evidence or information. Recent DWP figures show that only 1% of appeals were won thanks to people providing new evidence!
Over half of all appeals are won thanks to a different decision based on similar or the same evidence. The rest of the appeals are won thanks to people speaking at their appeal about how their illness, disability, or treatment impacts on them. This shows how important it is to ask for an ‘oral hearing.’ This means a hearing over the phone, video or face-to-face.
If you have missed the one-month deadline to ask for a mandatory reconsideration, you can still ask but they do not have to agree unless you give good reasons.
Explain that the delay was unavoidable or a result of your disability. For example:
They will usually agree to look again at the decision if less than 13 months has passed.
If they refuse you a mandatory reconsideration, they should still send you a decision letter which you can use to appeal.
Unfortunately, there are no time limits to how long a mandatory reconsideration should take. It can be as much as 12 weeks.
If you have not heard back after 6 weeks, you should ring them and find out what is happening. Keep a note of phone call – date, time and who you spoke to in case you need to call again.
You could call again after 8 weeks. If you have not heard after two or 3 months, you could make an official complaint for the unreasonable delay.
If they change their minds, congratulations! You will receive a backdated payment to when you became eligible for the higher rate, usually the date you first claimed, or the date of the review.
If they do not change their decision or change it slightly but still do not give you the amount you think you are entitled to, remember that you can and should appeal.
Do not be downhearted if they do not change their minds - they often don’t, even where it is clear that they are wrong. Do not give up! Most decisions are not changed at this stage but are changed after you appeal.
Try to appeal to the Tribunal within one month of the DWP decision letter. See How to appeal to a PIP tribunal.
The information in this guide applies to the UK.
The law is complicated. We recommend you try to get advice from the sources we have suggested.
The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.
This guide was updated thanks to funding from the Ministry of Justice. Our thanks to Greg Brown from Money Matters Money Advice Centre for his expert feedback on this version of the guide.
This guide was first written and produced by Advicenow and updated thanks to funding from the Litigant in Person Support Strategy.
Advicenow would like to thank all those who provided advice and feedback on this guide, particularly Jim McKenny, Rachel Ingleby, Jane Owen-Pam from The National Autistic Society, Sangeeta Enright from Cystic Fibrosis Trust, Christine Hallam-Cutler from Macmillan Benefits Rotherham, Sue Lovell from Cornwall Council, Richard Stacey from St Pauls Advice Centre, Chris Beer of Maggies Glasgow.
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