Challenging a PIP decision - mandatory reconsideration (2024)

If you disagree with the decision that’s been made about your PIP claim, you can challenge it.

You can challenge the Department for Work and Pensions (DWP) decision about PIP if:

  • you didn’t get it

  • you got a lower rate than you expected

  • you think your award isn’t long enough

If you challenge the amount or length of your award, the DWP might look at your whole PIP claim again. This means they might decide you shouldn’t get PIP at all. Talk to an adviser if you think this could happen to you.

If you want to challenge the decision because your condition has got worse you’ll need to follow a different procedure, so you shouldtalk to an adviser.

Apply for mandatory reconsideration

It's best to apply for a reconsideration by downloadingthe CRMR1 mandatory reconsideration request form on GOV.UK. You'll need to fill in the form, print it and post it to the DWP. You can't submit the form online.

If you're not able to use the form, you can write a letter to the DWP explaining why you disagree with the decision.

You can call the DWP to ask for a reconsideration, but it’s better to have everything in writing. If you decide to call, make sure you follow up with a letter. The contact details will be on the decision letter from DWP.

Check the date on your decision letter. You need to ask for a mandatory reconsideration within 1 month of that date. If you use the form or send a letter, the DWP will need to receive it within 1 month.

If you've missed the 1 month deadline

It's still worth asking for a mandatory reconsideration, as long as it's within 13 months of the decision.

You'll need to explain your reasons for being late - for example if being ill or dealing with difficult personal circ*mstances meant you couldn't apply in time. Use your form or letter to explain why your application is late, as well as why you disagree with their decision.

The DWP can refuse your application if it's late, but as long as you applied within 13 months of the date on your decision letter you can still appeal their decision at a tribunal.

What you need to say

You need to give specific reasons why you disagree with the decision. Use your decision letter, statement of reasons and medical assessment report to make a note of each of the statements you disagree with and why. Give facts, examples and medical evidence (if available) to support what you’re saying.

Example based on problems preparing food

Example

The report from my medical assessment states I don’t need any aids or help to prepare my meals. This is untrue. I can’t cook any food from scratch - I can only heat up food in a microwave and I need to use a stool in my kitchen.

Example based on mobility problems

Example

I don’t think you have adequately assessed the extent of my mobility problems. You say I can walk 50 metres unaided. In reality, doing this causes me significant pain and would mean I can’t walk for the rest of the day. I have enclosed a letter from my physiotherapist which explains this in more detail.

Worth knowing

You can look at the points system the DWP uses to assess PIP claims to see where you think you should have got more points.

It's important to make sure you've got the right evidence. You can use our guide tohow the DWP makes a decisionto help you.

If you need some help with your appeal, talk to an adviser. Try to get in touch straight away - you might have to wait for an appointment and you only have a month to send your letter in.

Getting your mandatory reconsideration result

The DWP doesn’t have to make the decision within a specific timescale and sometimes it can take several months to get your decision letter - this letter is called a ‘mandatory reconsideration notice’. You’ll be sent 2 copies - you’ll need to send 1 off if you need to go to the next stage of appeal.

If the DWP change their decision, you’ll start getting your PIP payment straight away. Your payment for PIP will be backdated.

If the decision was about a new claim, they’ll backdate your PIP to the date you made the claim.

If the decision was about an ongoing claim, they’ll backdate your PIP to the date it was stopped or reduced.

Don’t be put off if they don’t change the decision, not many decisions are overturned at this stage. More decisions are changed after the second stage of the challenge - if your mandatory reconsideration is turned down you can appeal to a tribunal.

Next steps

It’s a good idea to check you’re getting all the other benefits you’re entitled to. If you're 18 or over, you canuse the Turn2us benefits calculatorto work out how much you can get. You can also gethelp with budgeting.

Challenging a PIP decision - mandatory reconsideration (2024)

FAQs

Can you appeal PIP after mandatory reconsideration? ›

PIP resources

Once you have your mandatory reconsideration notice form, you must appeal straight to the tribunal service - you will typically have to appeal within one month from the date on your letter. This is called 'direct lodgement'. The DWP will not send your appeal to the tribunal.

What is the success rate of mandatory reconsideration PIP? ›

In fact, the Mandatory Reconsideration success rate is under 20 per cent. But don't let that put you off – if you feel you are entitled to challenge a decision or if you're not sure, speak to a financial adviser to learn more about financial planning and how to cope with money worries.

How to successfully challenge a PIP decision? ›

You need to give specific reasons why you disagree with the decision. Use your decision letter, statement of reasons and medical assessment report to make a note of each of the statements you disagree with and why. Give facts, examples and medical evidence (if available) to support what you're saying.

Is it worth doing a mandatory reconsideration? ›

It's still worth asking for mandatory reconsideration. Try to get it to the DWP or HMRC within 13 months of the date they sent you their decision. You'll need to give a good reason for why you didn't ask for mandatory reconsideration in time. For example, because you'd spent some time in hospital.

How many mandatory reconsiderations are successful? ›

The Government's figure for the mandatory reconsideration success rate is under 20%. That is for any additional points being scored, never mind getting to the points that persons should have scored.

How do I get PIP decision overturned? ›

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. If one month has already passed you should still ask them, see If you have missed the deadline in Section 7 below.

Has anyone won mandatory reconsideration? ›

At first I was awarded 0 points for both care and mobility. After mandatory reconsideration, I have now been awarded standard care (8 points) and standard mobility (10 points). This has also passported me to having the severe disability premium added to my ESA.

What percentage of people win a PIP appeal? ›

The success rates for benefits appeals overall was 62%, but this varies according to the benefit involved: PIP 69%, up 1% DLA 61%, down 5%

What happens if you fail PIP? ›

If you fail to improve after the first or final warning, this could ultimately lead to your dismissal based on your capability although you would usually be expected to have one final extension of time under a PIP (or new PIP) in which to improve.

Who looks at PIP mandatory reconsideration? ›

See full definition is the first step of challenging a PIP decision. It is asking the Department for Work and Pensions. See full definition (DWP) to look at their decision again.

What happens if you lose your PIP appeal? ›

If you lose your appeal

You can reapply for PIP and start the process again, but unless something has changed you're unlikely to get a different decision.

What is an example of a mandatory reconsideration letter for PIP? ›

I would like to request reconsideration of your decision of [insert: date of decision, i.e. date given on the decision letter] that I [am not eligible for PIP/ not eligible for the Mobility component/ the Daily Living component/ should be awarded Standard Rate Mobility/ Standard Rate Daily Living (delete as appropriate ...

What comes after mandatory reconsideration? ›

If you have received the mandatory reconsideration notice and you disagree with the reconsidered decision, you may appeal and take your case to the independent First-tier Tribunal. This appeal right can only happen once the mandatory reconsideration has been carried out by the DWP.

What are good reasons to request for reconsideration? ›

A clerical mistake or a misunderstanding about your qualifications are good reasons to request a reconsideration. State the facts: You can write to someone who you believe can help reconsider your case, but they may not be familiar with the circ*mstances before you reach out to them.

How do I appeal after mandatory reconsideration? ›

How to appeal. Your appeal must normally include a copy of the mandatory reconsideration notice. A exception applies for certain employment and support allowance decisions relating to the work capability assessment. One of the questions on the appeal form asks if you want to take part in your appeal hearing.

How many times can you apply for PIP? ›

There is no restriction on you making a new claim for PIP.

Top Articles
Latest Posts
Article information

Author: Cheryll Lueilwitz

Last Updated:

Views: 6116

Rating: 4.3 / 5 (74 voted)

Reviews: 89% of readers found this page helpful

Author information

Name: Cheryll Lueilwitz

Birthday: 1997-12-23

Address: 4653 O'Kon Hill, Lake Juanstad, AR 65469

Phone: +494124489301

Job: Marketing Representative

Hobby: Reading, Ice skating, Foraging, BASE jumping, Hiking, Skateboarding, Kayaking

Introduction: My name is Cheryll Lueilwitz, I am a sparkling, clean, super, lucky, joyous, outstanding, lucky person who loves writing and wants to share my knowledge and understanding with you.