I got 0 points - what now?

Some people in this situation feel like they should just give up, others feel furious. But the DWP often don’t apply the criteria correctly. 

Lots of people get zero points when they first apply but get the decision changed to the enhanced rate at either the mandatory reconsideration stage or by going to appeal.
We believe every incorrect decision should be challenged. It does often take a long time, but everybody should get what the law says they are entitled to. 

Remember you have nothing to lose and everything to gain. Use our free mandatory reconsideration letter tool to increase your chances of winning. 

I got an award, but it's lower than I expected - should I risk a challenge?

Some people in this situation feel like they should just be happy they got something. But everybody should get what the law says they are entitled to, and the DWP often don’t apply the criteria correctly. 

Use our PIP mandatory reconsideration letter tool to check what award you think you should have got. If it’s not the same as you were awarded, use the tool to help you write a  really effective letter that sets out why you should have got a higher award. 

The DWP likes to warn people that 'your award could go down as well as up'. While technically true, this is very unlikely if they have just agreed that you do meet the criteria. Ask for a mandatory reconsideration. Use the mandatory reconsideration letter tool to increase your chances of winning. 

If it is unsuccessful, appeal.

I was reassessed and they gave me less than before - how come?

You may still have a good case for a higher amount. Be sure that you understand how you qualify for PIP. Use the mandatory reconsideration letter tool to check what award you think you should have got. 

If the tool suggests you should have got more points than you were awarded, use the tool to request a mandatory reconsideration. If they don’t change their decision, you should appeal.  

I had to move over to PIP from DLA and they gave me less than before. What should I do?

Lots of people in your situation find they get a lower award or no award at all when they move to PIP. The PIP system is less generous than DLA. 

There is no equivalent rate of PIP to the lowest rate care component of DLA, and the rules for the mobility component are very different. 

But you may still have a good case for a higher amount – many people in your situation get a higher award after they appeal.

Be sure that you understand how you qualify for PIP. Use our mandatory reconsideration tool to check what award you think you should have got. If the tool suggests you should have got more points than you were awarded, use the tool to request a mandatory reconsideration. 

If the DWP don’t change their decision, you should appeal.  
 

The best way to ask for a mandatory reconsideration is in writing, setting out which descriptors you meet and why. The free PIP mandatory reconsideration letter tool helps you to do this. It is why research shows that people who use it are more than twice as likely to get their decision changed at this stage than those who don't.

*According to Using personalised legal support tools to help benefits claimants challenge decisions.

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 PIP mandatory reconsideration letter tool.

Sometimes the DWP imply you have to talk to them before you ask for a reconsideration. You don’t. 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 follow Advicenow’s guidance or get independent advice.

Whether or not you are entitled to PIP is based on how your illness, disability, and treatment 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 if you meet more than one descriptor, you should get whichever gives you the most points. 

See the letter tool or How the PIP points system works for a full list of activities and descriptors.

Do you meet the descriptor? 

If the only way you can do something is to do it unsafely, badly, slowly, or only occasionally/not repeatedly, the law 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 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.

If you can do a task but doing it causes you pain, tiredness, breathlessness, nausea or makes your condition worse, the law 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, or makes your condition worse for the next few hours, you meet the descriptor that says you cannot do it.

How does PIP deal with fluctuating conditions?

PIP is based on how your condition is 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. 

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. 

But if one month has already passed you should still ask them. They will usually agree to look again at the decision if less than 13 months has passed, as long as you give a good reason for the delay. 

Explain that the delay was unavoidable or a result of your disability. For example:

• you may have been unable to deal with it until now because you need help to deal with your post, or
• you were ill, or
• you were too depressed or anxious to manage it, or
• you needed help to understand if you should challenge the decision and you did not find that help until now.

If they refuse you a mandatory reconsideration, they will still send you a decision letter which you can use to appeal.

You do not need new evidence

The most important thing is to explain how you meet the criteria upon which PIP is based - which descriptors you meet and why. 

If you already have any more evidence that you think will help, send it with your mandatory reconsideration letter. This might be a report or letter from a doctor, social worker, support worker, occupational health, or carer ( who could be a friend or family member) - anything that confirms the difficulties you have with any of the activities on which PIP entitlement is based.

But if you do not have evidence already, it is rarely worth waiting to get some.

Sometimes when you have asked for a mandatory reconsideration, someone from the DWP will phone and suggest you need new evidence. This is not true. Be polite but firm - ask them to continue with the reconsideration without new evidence.

Recent DWP figures show that only 1% of appeals (the stage after a mandatory reconsideration) were won thanks to people providing new evidence! Over half are won thanks to a different decision based on similar or the same evidence - which means that the DWP made a mistake. The rest are won thanks to people speaking at their appeal about how their illness, disability, or treatment impacts them. This shows how important it is to attend the appeal hearing (which might be over the phone, online, or in person). 

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 the phone call – date, time and who you spoke to in case you need to call again. 

You could call again two weeks later. 

If you have not heard after two or 3 months, you could make an official complaint as the unreasonable delay is causing you unnecessary hardship. 

If they have changed the decision and given you a higher award (or an award at all), 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. 

Try not to be too 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. If you have missed the one month deadline, ask for an appeal anyway but give reasons for your delay. See How to appeal a PIP decision for more help. 

In our research, 90% of people who used Advicenow’s help won, either at the MR stage or at appeal.
 

Is it worth asking for a mandatory reconsideration if I got 0 points?

Yes. Many people receive 0 points initially because the DWP has not fully understood how their condition impacts their daily life. If you believe you meet the criteria, you should challenge the decision. 

A mandatory reconsideration is the essential first step before you can take your case to an independent tribunal. If it is unsuccessful, please appeal. In our research 90% of people who used Advicenow’s help won, either at the MR stage or at appeal.

How much does the Advicenow PIP tool increase my success rate?

Research shows that using our mandatory reconsideration letter tool more than doubles your chances of success. Nationally, only about 23% of mandatory reconsiderations resulted in a changed award but 52% of people who used our tool to write their letter saw their award improved without having to go to appeal.

What is the deadline for a PIP mandatory reconsideration?

You are supposed to ask for a reconsideration within one month of the decision. But you should ask anyway if it is within 13 months as it is very likely to be accepted. Just give a reason for the delay (such as being unwell or needing time to find help). Ask for one today using our free tool.

Do I need new medical evidence to win a PIP mandatory reconsideration?

No. In fact, government figures show that most challenges are won by explaining more clearly how your current condition meets the PIP "descriptors" (the specific rules for points). Our tool helps you do exactly this. 
Ask for a mandatory reconsideration now. 

How long does a PIP mandatory reconsideration take?

There is no legal time limit for the DWP to respond. Currently, it takes an average of 75 days (around 10–12 weeks), but it can vary. If you haven’t heard back after 6 weeks, we recommend calling the DWP to check on the progress. If you haven't heard after 8 weeks, you could also make a complaint, explaining that the delay is causing you undue financial hardship.

Could my PIP award be reduced if I challenge it?

The DWP do look at your whole claim again and so could reduce or stop your current award. However, this is very rare. Remember, they have just decided you did meet the criteria. 

If you are worried about this, use our PIP mandatory reconsideration tool to check what number of points you think you should have got. If it is less than you were awarded, you should ask for a mandatory reconsideration.

What happens if my mandatory reconsideration is rejected?

Don't give up. The majority of people who eventually win their PIP were rejected at the reconsideration stage. If you get a Mandatory Reconsideration Notice that says the decision hasn't changed, you have one month to ask for an appeal. An appeal is when an independent tribunal decide if the correct decision was made. In our research, 90% of people who used Advicenow’s help won, either at the MR stage or at appeal.

If you have missed the one month deadline, ask for an appeal anyway but give reasons for your delay. See How to appeal a PIP decision for more help.

Disclaimer

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 PIP claimants in Northern Ireland where the rules are the same, but the names of the relevant government departments and forms are different. Please bear in mind that if you are in Northern Ireland, it is the Department for Communities (DfC) rather than the Department for Work and Pensions (DWP), the Northern Ireland Courts and Tribunal Service (NICTS) rather than His Majesty’s Courts and Tribunal Service (HMCTS), and the form NOA1(SS) rather than SSCS1.

The law is complicated. We recommend you try to get advice from the sources we have suggested.

Acknowledgements

This guide was written and produced by Advicenow. This version of the guide was updated thanks to funding from the Ministry of Justice via the Online Advice and Support grant.

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.