How to challenge PIP: PIP mandatory reconsideration
If you’re received your PIP decision letter and want to challenge it, you’ll need to apply for a PIP mandatory consideration.
When can I challenge my PIP decision letter?
You can challenge the Department for Work and Pensions (DWP) after they send your PIP decision letter if you:
- don’t think your award is long enough
- didn’t get PIP
- received a lower rate than you expected (standard instead of enhanced)
You must do this within one month of the date on your decision letter. It won’t count if you send a letter that reaches them after the month’s deadline, even if you wrote it before.
You can also challenge a decision to stop or reduce an ongoing PIP claim, and the same rules apply.
If you challenge the award or amount, DWP may look at your whole claim again. They might decide you shouldn’t get PIP at all. You can get free advice from Citizens Advice before making a challenge if you’re worried about this. Just make sure you don’t miss the deadline for submitting your challenge.
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Applying for a mandatory reconsideration
You can apply for a mandatory reconsideration by downloading the form from the government website and filling it out digitally. You’ll need to print it and post it to DWP. If you can’t access or fill out the form, you can write a letter explaining why you disagree with the decision instead.
You can call DWP to ask for a mandatory reconsideration, but it’s best to have everything in writing. If you do call, it’s best to follow up with a letter.
What to include
To improve your chances of getting your mandatory reconsideration accepted, be as specific and thorough as possible. Use the decision letter, medical assessment and PIP descriptors to help. Write down each descriptor you disagree with and give examples, facts and supply medical evidence where possible.
For example, your PIP assessment says you can walk 50 metres unaided, but it doesn’t say that it causes you significant pain or that you can only do it once a day. Write why you disagree with the descriptor and include a letter from your doctor or physiotherapist that explains this. The more evidence you can provide, the better your chances of success.
What if I miss the one-month deadline?
You can ask for a PIP mandatory reconsideration within 13 months. You’ll need to explain why you missed the one-month deadline. Include this in your mandatory reconsideration form or letter.
DWP can refuse your mandatory reconsideration if you missed the deadline, but if you’ve applied within 13 months, you can appeal the decision at a tribunal instead.
How long does a mandatory reconsideration take?
There isn’t a set timescale DWP must follow, so it could take months until you receive a decision, which is called a mandatory reconsideration notice. In July 2023, the average time for a PIP mandatory reconsideration was seven months.
What happens if my mandatory reconsideration is accepted?
If DWP accept your mandatory reconsideration about a new claim, you’ll get PIP straight away and your payments will be backdated to the date of the original decision letter.
If you have an ongoing claim, your PIP will be backdated to the date it was reduced or stopped and will continue at the new rate or award.
What happens if my mandatory reconsideration is refused?
If DWP don’t change their decision, you can appeal it at a tribunal. Most PIP decisions are changed at this stage, so it’s worth appealing. You must do this within one month of the date shown on your mandatory decision notice. To start the appeal process you can either:
- complete the online form or
- fill out a SSCS1 form, print it and post it to the HM Courts & Tribunals Service
FAQs
According to Benefits and Work, only 27% of all mandatory reconsiderations were given a higher award in June 2023. But if your claim gets rejected, you can still take it to a tribunal.
Tribunal success rates are much higher. From April – July 2023, 68% of all PIP appeals were won by the claimant.
65% of people don’t appeal after their mandatory reconsideration is refused, even though there’s a higher chance of success at tribunal. Ask a family member or Citizens Advice if you need additional support with the appeal process.
If your condition has got worse, you wouldn’t usually apply for a mandatory reconsideration. What you need to do will depend on your situation:
- If you weren’t eligible for PIP, you can make a new claim.
- If you’re eligible for PIP, contact DWP straight away, as this could change the amount you’re entitled to.
- If you’ve already applied for a mandatory reconsideration, contact DWP. They’ll advise on the best course of action in this situation.
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