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Over 60 per cent of appealed PIP decisions and 58 per cent of appealed ESA decisions are changed by the Tribunal. your letter. For example, if you think the DWP did not award you enough points for a particular activity, tell them how many points you think you should have received. You can give details about what happens when you do that activity or try to do it. You can give them evidence to prove what you say, for example medical letters or records, or a letter from someone who helps you. The DWP tries to deal with Mandatory Reconsideration requests within two weeks of receiving them. If you don’t hear anything after two weeks, you may want to call them to check they have received it. Remember to keep a record of your call. When the DWP looks again at their decision, if they think that the decision was right, they will try to telephone you to see if you have anything else to tell them. If they can’t get through to you or what you tell them doesn’t change their mind, they will not change the decision.
SPRING 2017 emphasis 36
If you tell them that you have more evidence to send to them, they will give you more time to submit it before they look at the decision again.
3. Mandatory Reconsideration Notice The Mandatory Reconsideration Notice confirms whether the DWP has changed their decision. Once the DWP has considered all of the information they have, they will issue a Mandatory Reconsideration Notice. You will receive two copies. Don’t be put off if the DWP does not change their decision at this stage. The DWP only changes a small proportion of challenged decisions themselves (13 per cent for PIP and 10 per cent for ESA). If you are still unhappy with the DWP’s decision, you can appeal to Tribunal. Success rates at the appeal stage are much higher. Over 60 per cent of appealed PIP decisions and 58
per cent of appealed ESA decisions are changed by the Tribunal. You cannot appeal to Tribunal until you have received your Mandatory Reconsideration Notice.
4. Appeal to Tribunal The Tribunal is independent of the DWP. They will look at all of the information the DWP has and everything that you tell them and then decide whether the DWP’s decision is correct according to the rules.
Appeal Form
The appeal form is an SSCS1 form. The easiest way to get a copy of the form is to do an internet search for ‘SSCS1’ and download the form from the www.justice.gov.uk website. You could also get a copy from your local Citizens Advice Bureau or another benefits adviser or charity. You have to submit your appeal
