PIP mandatory reconsideration and appeal: what to do if you are refused

Before you do anything, request a copy of the assessor's report and the decision maker's reasons. Call the PIP enquiry line on 0800 121 4433 and ask for the "assessment report" and a "written statement of reasons." These are different documents. You need both.

The assessment report is written by the health professional who assessed you. It contains their notes on what you said, their observations, and their recommended scores for each activity.

The statement of reasons explains how the decision maker reached the final decision. It tells you which descriptors they applied and why.

Read both documents carefully. Compare them to what you actually said on your PIP2 form and at your assessment. Look for inaccuracies. Look for things you told them that have been left out. Look for places where they have recorded that you can do something when you said you could not. These errors are your grounds for challenge.

If you have a recording of your assessment, listen to it alongside the report. Note any discrepancies between what you said and what the assessor wrote.

Mandatory reconsideration is the first stage of challenge. You must do this before you can appeal to a tribunal. You have one month from the date of the decision letter to request it. If you miss the deadline, you can still request it within 13 months if you have a good reason for being late.

Call 0800 121 4433 or write to the DWP. It is better to do both. On the phone, say you want a mandatory reconsideration. In writing, explain exactly why you disagree with the decision. Go through each activity and each descriptor. Say what score you think you should have and why.

Send new evidence if you have it. A fresh letter from your GP, a detailed statement from someone who supports you, or clinical notes can all help. The more specific the evidence, the better.

A different decision maker will review your claim. The process currently takes about 2 months on average.

Only about 21 per cent of mandatory reconsiderations result in a change. That is a low success rate. Do not be discouraged. The tribunal is where most decisions are overturned.

The Advicenow website has a free mandatory reconsideration letter tool that more than doubles your chances of getting the decision changed at this stage. It is worth using.

If the mandatory reconsideration does not change the decision, you can appeal to an independent tribunal. This is part of the court system. It is not run by the DWP.

You have one month from the date of the mandatory reconsideration notice to submit your appeal. You can appeal online through GOV.UK or by filling in form SSCS1 and posting it.

The most important part of the appeal form is the section where you explain why you disagree. Go through each activity. State which descriptor you think applies and why. Refer to specific evidence.

The tribunal panel usually has three people: a judge, a doctor, and a disability expert. They will look at all the evidence from both sides and make a fresh decision.

You should attend the hearing. Statistics consistently show that claimants who attend their hearing are more likely to win than those who do not. You can bring a representative or companion.

From submitting your appeal to getting a hearing date, expect to wait 8 to 12 months. The hearing itself takes about 30 to 60 minutes. You usually get the decision on the day.

Gather all your evidence in one place. The tribunal will have your PIP2 form, the assessor's report, the decision maker's reasons, and your mandatory reconsideration. You need to add to this.

Write a detailed submission explaining your case. For each activity, state what descriptor you think applies, what evidence supports it, and where the DWP got it wrong. Keep it factual.

Get supporting evidence. New medical letters, support worker statements, therapy notes, and personal statements all help. Ask your GP or specialist to write specifically about how your condition affects the activities listed in the PIP assessment.

Contact your local Citizens Advice or a disability rights organisation. Free representation at tribunal is available in many areas. Having someone who knows the system argue your case makes a real difference.

On the day, the tribunal will ask you questions similar to the PIP assessment but in a more respectful setting. Answer honestly. Describe your worst days. Use the language of the descriptors. If your companion can add information, let them speak.

If the tribunal awards you PIP, the DWP must implement the decision. Your payment will be backdated to the original date of your claim. This can mean a significant lump sum if the process has taken many months.

The DWP can challenge the tribunal's decision, but they rarely do. In most cases, you will start receiving regular payments within a few weeks of the tribunal's decision.

If you claimed Universal Credit while waiting, being awarded PIP may entitle you to a higher rate of UC with the limited capability for work-related activity element.

Keep all your paperwork. Your PIP award will have a review date, usually 2 to 5 years away. When the review comes, you will need to go through the process again. Having your original evidence, your tribunal bundle, and the tribunal's reasons for their decision will help you at that point.

If you lose at tribunal, you can in some cases apply for permission to appeal to the Upper Tribunal on a point of law. This is more complex and you should get legal advice before pursuing it.

You do not have to do this alone. Free help is available at every stage.

Citizens Advice offers free advice on PIP claims, mandatory reconsiderations, and appeals. They can sometimes provide representation at tribunal. Find your local bureau at citizensadvice.org.uk.

Scope has a free helpline and online community for disabled people, including advice on PIP.

Advicenow publishes free guides and letter-writing tools for mandatory reconsideration and appeal. Their tools are specifically designed to help you make the strongest possible case.

Local welfare rights services, usually run by your local council, provide free specialist advice. They often have the most detailed knowledge of PIP law and can prepare your tribunal bundle.

Disability Rights UK provides information and support for disabled people including PIP guidance.

If you have ADHD, the process of challenging a PIP decision is exhausting and requires exactly the kind of sustained administrative effort that ADHD makes hardest. Getting professional help is not a sign of weakness. It is a reasonable adjustment.