Page created: 21 April 2021
Appeals - Case Study
Read a case study of a person’s experience of the appeals process.
If your application for PIP has been rejected by the DWP, or you are not happy with the award you have been given, you can appeal the decision made by the DWP. Appeals can be made in in three stages.
“In early 2020, I was diagnosed with Raynaud’s and Scleroderma in my hands and toes. I suffer from extreme coldness and numbness in both my hands and feet. I also suffer with red swollen hands and severe pain and stiffness in my joints. This causes me to have fatigue and I suffer with bouts of crippling depression and anxiety.
I used to work full-time from home as a counsellor, but due to my conditions, I have had to reduce my working hours to part-time.
A friend told me about Personal Independence Payment and said I should make a claim. I called the new claims line, and within a week I received a PIP2 form in the post asking me to detail how my conditions affect me on a daily basis. I filled out the form as best I could and sent it in with all the medical evidence I had.
Within a month, I received a letter from an Independent Assessment Provider, explaining that I would need to attend a telephone consultation with one of their Healthcare Professionals.
During the assessment, I explained that without the help of my husband, due to the conditions in my hands, I am not able to reliably cook meals for myself or to cut up food on my own. I also struggle to wash parts of my body and to get in and out of the bath safely.
I told the assessor that without his assistance, I cannot dress myself with a simple blouse as I struggle with buttons.
I also explained that, on most days, I am housebound and cannot stand and move more than 50 metres, as this causes me severe pain in my feet.
A few weeks later, I received a decision notice in the post from the DWP. The assessor had recommended that I did have difficulties with certain activities and awarded me eight points for the Daily Living component and 10 points for the Mobility component."
– Anonymous PIP claimant.
The initial stage of appealing a DWP decision on your PIP claim is by requesting a Mandatory Reconsideration. Mandatory Reconsiderations are just that, if you request a reconsideration of the DWP’s decision, it is mandatory for them to do so.
You can request a Mandatory Reconsideration verbally or in writing, but you are far more likely to be successful if you follow your verbal request up in writing, explaining why it is you disagree with their decision.
To make a Mandatory Reconsideration in writing, you can fill out a CRMR1 form.
First Tier Tribunal
If your Mandatory Reconsideration is not successful, you can then make a further appeal to the First Tier of her Majesty’s Courts and Tribunals Service (HMCTS).
To make an appeal to the First Tier, you will need to fill out an SSCS1 form.
Following the link above, you have the option of filling out an application online or downloading the form and sending it in via Royal Mail. If you decide to follow the latter, please remember to send the form in with a copy of your Mandatory Reconsideration Notice (MRN), and always send any correspondence to the DWP via recorded delivery.
Upper Tier Tribunal
If the First-Tier tribunal is unsuccessful you can appeal to the Upper-Tier of Her Majesty’s Courts and Tribunals Service (HMCTS). Appeals at this stage are quite complicated and the timeframes involved are strict, so it is advisable that you seek further advice on the correct procedures.
If you are at this stage, contact the Disability Law Service for free advice and guidance on how to make an appeal to the Upper Tier.
NB: Please be aware that appeals need to be made within one calendar month of a DWP decision, but you can request late appeals at Mandatory Reconsideration and First-Tier tribunal stage (Upper-Tier excluded).
Disability Living Allowance (DLA) to Personal Independence Payment (PIP) - Pensioners
PIP (Personal Independence Payment) is the benefit that’s gradually replacing DLA (Disability Living Allowance). Find out more about this here.