Appeal a PIP decision

This guide will take you through the whole PIP appeal process – from how to ask for a PIP mandatory reconsideration right the way through to what to do on the day of your PIP tribunal hearing. We will show you what to do at each stage, how to stop it from getting too stressful, and how to give yourself the best chance of getting a good result. We know from our research that 90% of people who use this guide and our mandatory reconsideration letter tool get the decision about their PIP claim changed – either by asking for a mandatory reconsideration or through an appeal. It is worth the effort!  

"I just wanted to say thank you for helping me with the PIP mandatory reconsideration letter for my daughter who has MS. Without this, I would be completely lost."  User of our PIP Mandatory Reconsideration template tool

Unfortunately, in lots of places it’s hard to get advice or representation to help with your appeal. We will explain where you might be able to get advice in How to find an adviser. But most people have to do most or all of the work themselves or with the help of their family and friends.

We have made this guide easy to use to help you, and we have created a PIP mandatory reconsideration template tool to help you write a really good letter that sets out your case.

This guide looks long, but don't be put off - you will only need to read a few pages at each stage. We have numbered the sections, so you know where you are and what you have to do next.

If you need help with the online appeal form, you can get help from We Are Group. Read this guide for advice on what to say when you ask for an appeal. Find out more about how We Are Group can help.

What countries does this guide cover?

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 Her Majesty’s Courts and Tribunal Service (HMCTS), and the form NOA1(SS) rather than SSCS1.

March 2024

Whether or not you are entitled to PIP is based on how your illness, disability or condition affects you and what help you need with very specific things. When you are thinking about your claim and whether or not you want to appeal, you have to look at what the criteria actually are (as set out in the law) - not what would be fair.

PIP points system

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 you haven’t checked what rate you should be getting yet, use Advicenow's PIP MR tool. It will help you work out if the DWP has given you the right decision. And if they haven’t, the tool helps you to write a really good letter asking for a mandatory reconsideration and setting out your case using the PIP points system.  

More detail about PIP descriptors and points.

“I didn’t get anything”

Some people in this situation feel like they should just give up, others feel furious. The DWP often don’t apply the criteria correctly. Challenging the decision can 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. Start by using our PIP Mandatory Reconsideration Request Tool.

'I had to reclaim, and they gave me less than before'

You may still have a good case for a higher amount. Be sure that you understand how you qualify for PIP. Use our Mandatory Reconsideration Request tool to check what award you think you should have got. If it’s not the same as you were awarded, use our 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'

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 (and some would say less fair) 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 PIP Mandatory Reconsideration Request Tool 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 ask the DWP to look at it again. If they don’t change their decision you should appeal.  

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 Request 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 letter requesting a Mandatory Reconsideration. 

If the DWP doesn’t change the decision, use this guide to get started on your appeal now and then get help from adviser, if you can. If an adviser says you don’t have a strong case, you can always withdraw your appeal. 

We talk about how you might find an adviser next.

It is now much harder to find advice and help with your benefits than it used to be. You should expect that you will have to do most of the work yourself (or with help from your friends or carers – don’t worry, this guide will show you what to do, and how to do it). But if you can get a bit of advice to help you work out what rate you should be getting it will be really helpful. That said, if you do find someone who offers to help you ask for a mandatory reconsideration, complete your appeal form, write a 'submission' for you (this is a letter to the appeal panel that explains why you are entitled), or even come with you on the day, take it!

Use Advice Local to find the best options near you. Enter your postcode and select ‘welfare benefits’ from the drop down menu and search. This will tell you about any Citizens Advice, law centres, or independent advice agencies in your county. (Beware - it misses out ones in your area but in another county or borough. If you live near a county or borough border, definitely check you there isn’t a closer option by following the advice below).

If that doesn’t bring up a service that you can get to, check with Citizens Advice if there is a Bureau that helps with benefits problems near you. Many now offer advice over the telephone.

Check if your local council has a welfare rights service. If you didn’t find their details in Advice Local search, phone the council and ask for ‘welfare rights’, check their website, or ask in your local library. If you rent your home from a housing association, they may have a service that can help you with your benefits.  

Check if there is a Law Centre near you.

See if Disability Law Service can help you.

In some places there are services that you can access through your GP, social worker, or community centre. There's no harm in asking - so call your GP, and your social worker, or community centre if you have one, and ask if there is a service for you.

Some charities provide advice services for particular groups - for example, the Royal British Legion support people who have served in the armed forces and their families and even represent people at appeal. Check if there is a charity that provides benefits advice to people with your illness, disability or condition. If they provide information on their website about appealing or claiming PIP it may also be very useful as it will usually show how people with similar symptoms to yours have proved their entitlement. (If they don’t have a guide to appealing – ask them to link to this one).

If you have nowhere else to turn, try your MP's caseworker. These are not usually expert benefits advisers but they will often be familiar with the problem and might well be able to help you. (You could point them towards this guide).

Step 1 You get a letter telling you the result of your claim or review for PIP. You have been told that you are not entitled to anything or you think you have been given the wrong amount

You have one month from the date on the letter to ask for a ‘mandatory reconsideration’. This is where they look at the decision again. (If one month has already passed you can still ask for a reconsideration, see If you have missed the deadline in Section 7 found below).

Step 2  Ask the DWP to look again at their decision. This is called a Mandatory Reconsideration. Use our PIP Mandatory Reconsideration Request Letter Tool to write a really good letter to the DWP that sets out your case.  

The DWP will look at your claim form again, the assessment report, and any other evidence they have, to see if they will change the decision. 

Step 3  The DWP will send you two copies of their reconsideration decision. You will need a copy if you wish to appeal. If their decision has been changed and you are happy with it, you can stop here. But if it has not, don’t be put off.  You have one month to ask for an appeal. (If one month has already passed you can still ask for an appeal, see If you have missed the deadline in Section 7 found below).

Step 4  Ask for an appeal. You can do this online or using the appeal form and posting it.  You can use the wording from the letter generated by our Mandatory Reconsideration Tool to help you make your case. See How to ask for an appeal for our advice.

Step 5  The PIP office will send you and His Majesty’s Courts and Tribunal Service (HMCTS) an explanation of why they gave you the award that they did. Don’t be put off by the size of it. 

Step 6 You need to prepare for your appeal and, if you can, send in more information about your difficulties. See How to prepare for the hearing for more help. 

Step 7  You will be told the date of the hearing. If you have any further evidence about your difficulties that you haven’t yet sent, send it as soon as possible. And always have a copy with you on the day. 

Step 8  Your appeal will be heard by an independent panel, called a Social Security and Child Support Tribunal. They will make a new decision. See On the day of the hearing.

If you are successful (and most people are), you will usually receive your extra money in 4-6 weeks. You will receive a backdated payment to when you became eligible for the higher rate, usually the date you first claimed.

We have created a tool to help you write a really good letter asking DWP to look again at your claim - PIP Mandatory Reconsideration Request Letter Tool.

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 family member or friend) send that too. If you don’t, it is rarely worth waiting to get some as few decisions are changed at this stage.  

You don’t have to discuss your claim with the DWP before you ask for a mandatory reconsideration and there is no reason to. Remember any advice DWP give you about whether it is worth asking for a mandatory reconsideration or appeal may not be in your best interests. We suggest you get independent advice or follow the information in this guide.

Don’t be put off! 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 were won thanks a different decision, with similar or the same evidence. The rest of the appeals were won thanks to people speaking at their appeal about how their illness, disability, or condition 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.

What next? 

Unfortunately there are no time limits to how long a mandatory reconsideration should take. But 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.

If you have not heard after two 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 they do but still didn't give you the amount you think you are entitled to, remember that you can and should appeal. Don’t be downhearted if they do not change their minds - they often don’t, even where it is clear that they are wrong. 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 deadline to ask for a mandatory reconsideration, you can still ask but they don’t have to agree to carry one out unless you give good reasons. Explain that the delay was unavoidable or a result of your disability (for example, if you were unable to deal with it until now because you need help to deal with your post). If they refuse to deal with your mandatory reconsideration, they should still send you a decision letter, which you can use to appeal. 

Similarly if you miss the deadline to appeal, you can ask for an appeal anyway. You will need to explain your reasons for missing the deadline. The DWP then have one month to object to your reasons for missing the deadline.  If they do not object, your appeal continues. If they do object, a judge decides whether to allow your appeal even though it is late. 

Your appeal will usually be accepted if less than 13 months have passed since you were sent the decision, as long as you give reasons for the delay. There are times when you can even appeal after 13 months if the delay was unavoidable. If you are in this situation, try to get advice if you can. 

1) You need to explain what you disagree with and why. If you used our Mandatory Reconsideration Request Tool to produce a letter, and your argument is still the same, you can just write ‘please see my mandatory reconsideration request’ and send another copy. (You probably have a copy in your email, or it will be saved in your Advicenow account).  

If you have not used our tool, look at your decision notice and the list of activities and descriptors in How to write useful evidence for PIP appeals. Add each activity you don’t think you have scored the right number of points for, and for each explain all the difficulties that you have with that activity and what help you need (remember it doesn’t matter that you don’t get any help).

2) If your appeal is not within the time limit, you should appeal anyway but explain why the delay was unavoidable or a result of your  disability (for example, if you were unable to deal with it until now because you need help to deal with your post, or you have been particularly unwell). See If you have missed the deadline in Section 7 above.

3) Choose to attend the hearing. You will be asked whether you want to attend a hearing or whether you want the case to be decided on the papers alone. Almost everybody wants to choose the paper hearing because it seems less scary. However, you are much more likely to win if you have a chance to speak to them. Don’t worry, it will not be nearly as frightening as you might think. Since the beginning of Covid many hearings are happening via video or phone call – so you may not have to actually ‘go’ anywhere. If you do attend a hearing in person, you can get extra help if you need it – for example, an interpreter, hearing loop or an accessible tribunal room.

When you ask for an appeal online, you are asked if you would like to be able to save the appeal and continue later. To do this you need to set up an account. If you say yes and provide your email address, you will be sent an email enabling you to register for the Manage Your Appeal service. This service lets you keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to). It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled. See How to prepare for the hearing for other ways to sign up.

What next?

HMCTS will send a copy of your appeal to the DWP and ask them to explain how they came to their decision. The DWP must do this within 28 days, although they can ask for an extension. You will receive a copy of their response. It is often around 150 pages, or sometimes even longer. Don’t be put off by the size of it. Most of it is just your application form and copies of the letters you already have, the assessment report and any evidence the DWP has gathered from other places or that you sent in. But keep it safe. You will need it to prepare for your hearing. 

You should start preparing now. The next section explains everything you need to do.

There are a lot of things for you to do over the next few months. So it is important to start preparing as soon as you can. Some things can take a long time.

If you have not already tried to get help and advice, do so now - take a look at How to find an adviser. Some advisers may be able to help do some of this preparation for you. If you are lucky enough to find someone who can help with the preparation, make sure you are clear which things they are going to do for you, and which you need to do yourself.

When will the hearing be?

Usually, you won't get told the date of the hearing until 2 weeks before (you should be given at least 14 days notice unless you agreed to be given less on the form). However, it is useful to know how long you have to prepare for your appeal. Some people have to wait up to 12 months.

The papers from the DWP

Look at the big pack of paperwork that you were sent by the DWP explaining why they made the decision they did. The Tribunal may call this ‘the papers’. Many people get very confused by the references to law at the beginning. Don’t let them put you off. If you don’t have time to become an expert on all the legal ins and outs of PIP decisions, ignore this part. The Tribunal should know what law applies.

The most important part is the report from the medical assessment. Read through it and look for anything you don't agree with. 

• Did the assessor ask you the right questions and correctly record your answers?
• Do they have all of your conditions listed?
• Have they misunderstood something you said you used to do as something you are able to do now?
• Are there things in there that didn’t happen or don’t reflect your conversation at all?
• If your health condition or disability is better or worse on different days, did the assessor understand that?

Make a note of all the things that are wrong. If you can, say why they are wrong. You can include this in your statement to the tribunal. This is very useful as the wrong decision you have been given is probably based on this report.

It may also be useful to familiarise yourself with the numbering of the papers from the DWP. At the hearing, the panel sometimes refer to certain pages and it will be easier and less stressful for you if you are able to keep up.

Getting evidence

For most people, the thing that is most helpful is written evidence from their GP or other medical professional.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet).  Make sure the professional you are asking for evidence understands this.

Look at How to write useful evidence for PIP appeals. This is a guide for your doctor, social worker, or anybody else writing evidence for you. Print it out and mark the particular activities and descriptors you believe you meet. When you ask anybody for evidence to support your appeal, show them these pages.  It will help them to write evidence that will be really helpful to you.

The best evidence will come from people who know you well and who understand your situation. This could be your GP, or social worker or community psychiatric nurse, a paid carer or support worker, a personal assistant, your occupational therapist, somebody who works at a day centre you go to, or somebody else. 

It is important not to be offended if the evidence embarrasses you. For example, if it says that sometimes you appear not to have washed or eaten properly. They are just trying to ensure you get all the help you are entitled to.

Read your evidence before you send it to the tribunal. If there’s something in there that you don’t agree with, you don’t have to provide it unless the tribunal specifically request to see it.

Paying for medical evidence

GPs and other medical professionals are allowed to charge for evidence and many do.

If your doctor suggests that they will charge you, tell them that it doesn't need to be terribly long, and that it could be hand-written if this is quicker. Reassure them that it will only take the time of an appointment. Show them How to write useful evidence for PIP appeals so that they are sure of what you need from them. 

If they insist on charging you, instead ask them for the last two years of your medical records. They will give you this for free and it may contain some useful evidence.

Evidence from your support worker, personal assistant, carer or anybody that helps you

If there is somebody who helps you a lot (this might be somebody you pay, or who helps you at college or work, or it might be your partner, a family member, or a friend), they may be able to write some very useful evidence too. Ask them to write a letter to the tribunal panel explaining what help they give you and how often. Make sure they sign and date their letter. Show them the section for doctors and other professionals on How to write useful evidence for PIP appeals - it will help them to remember everything.

It can be very useful for this person to come to the hearing with you - so that the panel can ask them questions. They may be asked to wait outside until their evidence is needed - so you may need to be prepared to go in alone at first.

Diary

If you can, keep a diary of the help that you need each day.  It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability is not the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be very brief. For example - 'Monday - Joints and back very painful today. Needed help to fasten my bra, and put socks and shoes on, as I couldn't bend down. Marie had to help me downstairs'. Include everything that is connected to the activities PIP is based on that you have difficulties with. 

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).

Is there any other evidence that you have?

There may be useful evidence you already have or can easily get. Maybe you have letters from doctors or support services already that support your case.

Write a statement

If you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you have said and why you should be getting more before they meet you.

For more advice on how to write a statement and what to put in it, see How to write a statement for PIP. In the same section, you can also read Spencer’s statement and see what he put in his. 

What to do with the evidence

Read all the evidence through - does it support your case? If it doesn't, you don't have to send it to the panel (but if they ask if you had any evidence that you didn't send them, you have to tell the truth). If you don't think the evidence is useful it may be worth going back to the person who wrote it and discussing it with them. Is there anything they can add or change?

If you have got useful evidence, upload a photo of it using the Manage your appeal service or photocopy it and send it to HMCTS before your hearing. Send it as soon as you can and always take paper copies with you on the day. Sending the evidence in advance is useful because it increases the chance of the DWP changing the decision in your favour before your appeal reaches a hearing. It also gives the tribunal time to consider if your evidence helps your appeal. Sometimes, this could even mean that you don't have to have a hearing.  

Paperwork can get lost, so on the day of your hearing ask the clerk if the panel has all your evidence. If not, the clerk will give the panel your copies of your evidence before your hearing starts. If you only remember about your evidence when the hearing has started, you can still ask the tribunal to look at it. The panel may need to pause the hearing quickly to decide if they can accept it. 

How will you attend the hearing?

If it is a video or phone hearing, get more help on how to prepare by going to Court and tribunal hearings by video or phone call. HMCTS has made a helpful video you can watch - you can find it in section 9 that talks about video and phone hearings in the benefits tribunal. 

If your hearing is in person, the letter you receive about the hearing will usually give you details of public transport links and parking. At some venues, you can book an accessible parking spot if you phone them in advance. If you need a taxi, ask them to book one for you. This will usually be easier than arranging one yourself and they will pay, if you need one because of your disability.

Work out how you will get there and leave yourself plenty of time. You won’t want the stress of worrying about being late.

How can you afford to go to a face-to-face hearing?

You can claim travel expenses for the day of the hearing if you use public transport or travel by car. If you have to take time off work you may also be able to claim some expenses for loss of earnings. And if you have had to pay a carer or childminder you can claim expenses up to the National Minimum Wage for the time you have been away. You can also claim for a meal if you are away for more than five hours although it’s very unlikely to take nearly that long. Before you go to your hearing, check what the current rules on expenses are on the GOV.UK page called Appeal a benefits decision - what happens at the hearing.

The clerk will help you fill in a claim form when you go to the hearing. Make sure you take receipts (and if you have lost earnings, a letter from your employer confirming this).

Contact the tribunal before the hearing if you need help.

It is likely that the hearing will take place using the method you asked for when you submitted your appeal. The options are by phone, by video call or face-to-face. Sometimes the tribunal decides on one you didn’t ask for. If you think you should have a different type of hearing instead, don’t be shy to ask for this. For example, if you would find it too difficult to attend a face-to-face hearing because you can’t leave home, they should agree to a video or phone hearing instead if that is the only way you can participate.

Remember the panel do not work for the DWP. They are here to see that you get the benefit if you are entitled to it.

Usually the three members of the panel will be nice and easy to talk to, and will just want to get a full picture of your illness or disability and the help you need. Try to answer their questions fully.

If it feels like they are asking you the same question repeatedly, they probably are and are trying to check that your answers are consistent. So make sure you are consistent, don’t vary your answer just to move on.

The DWP have a right to send somebody to your appeal to explain why they made their decision. They are also allowed to ask questions. Don't worry about this though. If they do send someone, it will not be the person that made the original decision about your claim.

Remember it is YOUR appeal. If you get upset you can ask for a short break. If you need some water, just ask. 

In the unlikely event that the panel are considering reducing your existing award (for example because you appealed the decision not to give you the enhanced rate of daily living and the panel feel that you may not be entitled to any daily living award at all), the judge will give you warning and ask if you want a few minutes to consider your options. This is rare, but if it does happen to you ask for the hearing to be stopped and explain that you wish to withdraw the appeal. If you do this, the Tribunal is very unlikely to take away the benefit you get at the moment.

• If you think it might help, ask a friend or family member to come with you for emotional support. They might also be able to help by reminding you of things you have forgotten. If you do ask a friend, show them the box called ‘For friends and relatives’ at the bottom of the page.

• Make sure you log on or arrive at the tribunal centre in plenty of time - at least 20 minutes before the hearing is due to start.
• If your hearing is by phone, make sure you’ll be able to hear it ring when the tribunal call. They may call you up to an hour before to check you’re OK to take part.
• Don't dress up or make a big effort with your appearance. It is important that the panel see you as you are on a normal day. Otherwise, they might get the impression that you don't need help, even if you do.

• The panel may be running late and so you might have to wait. If you have made any notes of what you want to say, use this time to go over them.

• Try to keep calm.

• Many people find they get very emotional at the hearing. It doesn't matter if you get upset. It won't harm your chances. Remember - you can ask for a break whenever you need one.

• Be aware that it is possible that you will be observed from the moment you are visible – on the video call or around the building where the tribunal is taking place. For example, if you have said you have trouble getting in and out of chairs, they will watch you as you sit down, or how you move around. If you are having a good day, and your illness or disability is normally worse, make sure you tell them.

• If you had asked for any help with communication or translation and it is not available, insist on having the hearing another day.

• If you don't understand a question, ask them to repeat it or put it another way. If you still don’t understand, tell them that. Don’t agree to anything you don’t understand.

• If they say something that isn’t right, make it clear that it is not true. For example, if they say “You don’t have much trouble with walking 50 metres do you?” make it clear if you do have trouble with walking that distance.
• They usually ask whether your condition has changed since the decision. Remember that you need to prove that the DWP made the wrong decision at the time, so it is unhelpful to dwell too much on how your condition has got worse. It is better to emphasise where your difficulties have remained broadly the same. 
• Don't worry about using the 'right' language or ‘buzz words’. It is much better to use your own words. If you think they haven't understood something you have said, say it again in a different way.

• They will often ask if you had any problems this morning. If somebody has helped you on (perhaps by physically helping you to get up and dressed, or by encouraging you to get yourself ready and keeping you calm) - be sure to tell them. Tell them if you needed help to read or understand the instructions to log onto the video hearing or how to get to the tribunal centre.

• Don't make light of your illness, condition, or disability. Be as frank about your condition as you can be, and explain the help you really need rather than how you manage.

• Try to make sure you don’t exaggerate the problems that you have either. If you do this, the panel might not believe you when you are not exaggerating.

• Try to answer every question as broadly as you can. If you just give short answers, the panel won’t be able to get a better understanding of your situation. For example, if they ask if you need help to get washed in the morning, don’t just say yes or no. Spell out exactly what bits of your body you needed help to wash and why, and if you need help with anything else in the morning.Remember to include the help you give yourself – maybe you have a seat in the shower, or use a long handled sponge. If you don't need help because you don't usually have a wash in the morning, explain why you don’t.
• If you find you haven't said everything you want to say because they haven't asked the right question - tell them anyway. A clever tactic is to make notes about what you want to tell them (for example, take a list of everything you think you should have been given points for and why you meet those descriptors) and tick them off as you say them. Make sure that they are all ticked off before you leave. If you have taken somebody with you for moral support - this is a very useful thing for them to do.

• If your illness or disability goes up and down and you need different amounts of help on different days, you will need to make this clear. It is best if you can say roughly how often you need help with each thing, rather than saying 'sometimes'. For example, 'My health is bad for three weeks out of every four. For those weeks my joints are very painful and I cannot dress or undress myself at all'. If you have kept a diary of your needs (see How to prepare before the hearing) you should be able to use that to work out how often you need help with different tasks.

For friends or relatives

If someone has asked you to go with them to the hearing to give them support, there are several things that you could do that would be very useful.

• Before the hearing, sit down with your friend and write a list of all the ways in which they meet the descriptors that they are basing their appeal on. Have it with you on the day and tick them off as they are said. If at the end of the hearing, there are still things that haven't been said - you can remind them.

• Try not to answer questions on your friend's behalf. If you realise that your friend has left bits out when answering a question - try to remind them, rather than say it for them. However, if they are finding it difficult or becoming very emotional you can answer the question yourself (although it is best to ask the Judge if it is OK first, just to be polite).

• If they get upset or stressed you can try to calm them down. If this doesn't work, ask them if they want a short break.

• Read sections about the hearing and what to do on the day. This will help you to know what will happen so that you can help your friend.

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 The tribunal panel will tell you and the DWP their decision and you will get an official notice of the decision. You may not find out for a few days, especially if your hearing was by video or phone. 

If you were successful, the DWP will work out how much they owe you. You will start receiving the new amount every month, and a sum covering the amount they should have been paying you all along. You will usually receive your money in about 4 - 6 weeks.

If you were not successful, you will be sent a leaflet to explain your options. Sometimes you might be able to appeal to the Upper Tribunal. This is like a higher court. However, this can only be done if the panel did not follow the law, by mistake. It is very complicated, and very few people can do this without an experienced adviser. If you want to look into this possibility, you need to move quickly - you will need to ask for a copy of the tribunal’s statement of reasons within one month. For more help go to the section called How to find an adviser.

The DWP also has the right to appeal to the Upper Tribunal if they think the tribunal panel did something wrong. This doesnt happen often though. If it does happen, they will write and tell you.

Adviser

This is a benefits expert who can give you advice about your claim. They may also be able to help you prepare for the hearing or even represent you. Even if you have a representative, it is likely that you’ll need to do most of the talking in the hearing because it’s about giving evidence about your own difficulties. However, it can help to have someone who understands the processes and the law on your side.

Appeal                                                

This means the process of asking a panel of a judge and two experts who do not work for the DWP to look at your claim and see if the right decision was made. If they think the wrong decision was made, they will change it. 

Carer                                                    

This is a person who helps you often, like every day or every week. It might be somebody you pay, or might be your partner, a family member, or a friend or neighbour. The help they give you might be physical help (for example to get in the bath or up the stairs), they might help you by getting your shopping or helping you prepare a meal, or they might help you by encouraging and prompting you to do things. 

Clerk to the Tribunal                     

This is the person who organises the hearing and deals with the paperwork, including your expenses. 

Department for Work and Pension (DWP)

This is the government department that deals with most benefits, including Personal Independence Payment. Sometimes they will send somebody called a ‘Presenting Officer’ to represent them at the hearing. But try not to worry, they haven’t had anything to do with your PIP decision so far and they are not there to accuse you of doing anything wrong.

Social Security and Child Support Tribunal         

This is the new name for the panel of three experts who do not work for the DWP who will hear your appeal to see if the DWP made the right decision.

HM Courts and Tribunal Service (HMCTS)           

This is the government department that organises the panel and the appeal hearing.

Hearing                                              

This is when your appeal is looked at by the Tribunal. You can have a hearing in person when you go and speak to the Tribunal face to face, or you can have a hearing via video or phone call. These three types of hearing are sometimes called an ‘oral hearing’. Or you can have a written hearing (also called a ‘paper hearing’) when the tribunal just look at the papers again on their own. We strongly advise you to go to a hearing in person or a video hearing, if you can. You have a much better chance of success if you do.

Mandatory Reconsideration     

This means the DWP will look at their decision again. You must ask for a mandatory reconsideration before you can appeal a decision. See How to ask the DWP to look at their decision again.

Manage your appeal

A new service from HMCTS that will allow people to make and track their appeal online, submitting further evidence, and withdraw an appeal.

Preliminary decision/view     

Occasionally, the tribunal might decide that they agree with your appeal (partly or fully) based on the evidence, and you might not have to go through with the whole oral hearing. On other occasions, the DWP might turn up and say they’ve changed their minds. But this isn’t very common so it’s always worth preparing properly.

Representative                               

This is an expert in benefits who might help you prepare for the hearing and will attend your face-to-face or video hearing to help you put your case.

Social Security and Child Support Tribunal            

This is the name for the panel of three experts who do not work for the DWP who will hear your appeal to see if the DWP made the right decision.

Supersession                                    

This means having your claim looked at again because your illness or disability has worsened since the date of the decision.

SSCS1                                                   

This is the form you can use to ask for an appeal. See How to ask for an appeal for advice on how to ask for an appeal.

Tribunal Judge                                 

This is the person that sits in the middle of the panel. They are legally qualified. Their job is to apply the right laws to your personal situation.

Upper Tribunal                                

This is like a higher court. If you weren't successful in your appeal, you might be able to appeal to the Upper Tribunal, but you can only do this if the panel made a mistake with the law. 

Video hearing

Appeal hearings are now often held over video. To understand more about how this works, watch HMCTS' helpful video, which you can find in section 9 of our guide to video and phone call hearings. If you are concerned that you will not be able to access or manage a video hearing properly, or if it will make you more anxious, you can ask for a face-to-face hearing.

Find the appeal form or ask for an appeal online

You can find both the online system for asking for an appeal and the latest form to use if you wish to do it by hand/post on GOV.UK.

Speak to the DWP

PIP Enquiry Line 

Telephone: 0800 121 4433

Textphone: 0800 121 4493

Free to call Monday to Friday, 9am - 5pm

More information about appeals

GOV.UK

Benefit appeals come under the section known as the Social Security and Child Support Tribunal. You can find details about how to appeal, how to claim expenses, appeal venues and how to get to them, as well as other information about the appeal process.

Appeal to the Social Security and Child Support Tribunal

Find an adviser

See How to find an adviser for help to find an adviser or representative.

Find further information and support

Citizens Advice

Citizens Advice have some helpful information about PIP, how claims are assessed, and how to appeal.

Citizens Advice

This page is written for medical staff, social workers, and other professionals who might be able to tell the tribunal what they need to know. It explains how to write helpful evidence for this kind of benefit appeal.

Evidence from doctors and other professionals helps the tribunal to come to the right decision more than anything else. Your evidence doesn't need to be long or typed.

Whether your patient/client is entitled to PIP is decided by the difficulties they experience and the help they need with very specific tasks. This includes help they need but don’t necessarily get, or help they give themselves like taking a rest, doing things less frequently, or using an appliance. Your patient/client has marked which descriptors they meet below. Please confirm whatever you can in your evidence. For example, if they cannot walk even into your consulting room without discomfort, or if they are slow and it takes them twice as long as somebody else, please say that.

If you cannot confirm the descriptor your patient has circled but can confirm another in that section, please include that. If you cannot confirm any from that section please just leave it out as your patient may have evidence from someone else who knows more about their problems with this. If you don’t understand why your patient meets the descriptor they have circled, please ask them.

If your patient could do some of these things but not as often as required, or it would take them twice as long as anybody without their condition, it causes breathlessness, pain or fatigue, it counts as being unable to do it. If they could do it some days, but not more than 50% of the time, it counts as being unable to do it. For example, if they can stand and walk for 50 metres, but they can only do it a few times in a day, it may hurt them, they might sometimes fall, or it takes them twice as long as someone else, the law sees this as not being able to walk for 50 metres.

It would also be helpful if your evidence confirmed any diagnosis and any treatment that they receive.

We have simplified the wording of the descriptors to make this page easier to use. If you prefer, you can find the exact wording of the legislative tests on pipinfo.net. 

On the left there is the statement Spencer sent to the panel looking at his appeal. We have included it as an example to show you what sorts of details about your condition you should include in your statement.

On the right is information to help you write your statement to the tribunal. It tells you all the things you should try to put in your statement and how to begin.

Disclaimer

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. 

Acknowledgements

		March 2024  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.
		January 2023 Minor update with thanks to funding from Help Accessing Legal Support (HALS).

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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