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Challenging a PIP Decision
Mandatory Reconsideration (MR) It’s always a good idea to focus on early intervention. A well completed PIP form with lots of relevant information, details of why you can’t complete an activity (see section 3), and good supporting evidence is less likely to lead to a negative decision, though this isn’t guaranteed. If you and/or your support worker need help with this you should get expert advice. You should contact your local Welfare Benefits Advice agency such as, a local Citizens Advice office or Law Centre. Some support agencies have a Welfare Benefits Caseworker embedded within their support team. However if you do not agree with your PIP decision you can ask for Mandatory Reconsideration.
What is Mandatory Reconsideration? Mandatory Reconsideration is simply a way of asking the DWP to look at your PIP decision again. A different decision maker will look at your claim and make a new decision. This new decision is called a Mandatory Reconsideration Decision and you will need to send a copy of this letter to the Tribunal Service (HMCTS) should you choose to appeal later on. You can ask for your claim to be looked at again if you disagree with a decision about for example, your entitlement to benefit; a decision that says you have been paid too much benefit; or a decision to say that your claim has been ended for some reason such as you did not return your PIP form on time.
How do you ask for a Mandatory Reconsideration? You can ask for MR by contacting the DWP by telephone, by letter, or by completing and printing off an online form at https://www.gov.uk/government/publications/challenge-a-decisionmade-by-the-department-for-work-and-pensions-dwp It is usually better to use the telephone option only when you’re running out of time and you need to meet the 1 month deadline. You can tell PIP that you will be sending supporting evidence as soon as possible giving all your reasons why you think the decision is wrong which could include supporting information such as, a letter from your support worker or service coordinator, your GP, Mental Health worker, Consultant, or Therapist.
Note
If you ask your GP for a letter there may be a fee attached. If you are receiving help from another source such as a hospital consultant, mental health services, or a support worker who know more about your condition and symptoms and how they affect you, it may be better to contact them first.
If possible try to treat the MR as though you’re at an appeal hearing. You don’t have to refer to the law but you do need to understand the basic qualifying criteria for PIP (see sections 1 and 2), and provide detailed information about how your condition affects you (see section 3). If your case is a bit more complicated, for example you are challenging an overpayment decision, you may want to contact a specialist adviser at your local CA office or Law Centre.
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