PIP Tribunal Appeal

If you have already submitted a mandatory reconsideration and remain unhappy with the decision, you have the right to further appeal your case to the First-tier Tribunal. This service is completely independent of the Department for Work and Pensions (DWP) and the government.

When applying for a tribunal hearing, you have the option of requesting an oral hearing or a written hearing. In some instances your hearing may be via a video-link or via telephone. With an oral hearing, you will be able to attend the hearing in person. Whereas if you choose to submit your appeal in written-form only, the tribunal will consider your appeal based on the paperwork they have before them without any oral input from yourself.

We always recommend requesting an oral hearing, as in our experience claimants attending the hearing in person have a much better overall chance of success.

You can apply for a tribunal hearing in writing or online here.

How long will it take for my appeal to heard?

It can take up to 6 months for an appeal to be heard by the tribunal.

Prior to the hearing

Before the hearing takes place the DWP will send you all the evidence they hold in connection with your claim for PIP. If for any reason you are unable to make the date of the hearing, you must contact the H.M. Courts and Tribunal Service in writing, requesting for the hearing to be re-scheduled.

The hearing – on the day

On arrival, you will be greeted by a clerk, who will speak with you in a side-room. The clerk will explain the process of the hearing. Once the tribunal is ready, the clerk will escort you into the room where the hearing will take place. The clerk will at that point ask you if you have any additional evidence that you wish to submit before the tribunal?

The hearing is generally conducted in an informal and relaxed manner. The hearing will differ from a normal court hearing in as so far as it’s very often held in a small room with a table and a few chairs. In some instances tribunal hearings are held in Magistrates Courts.

The tribunal panel will normally comprise of a judge, with up to 2 other people who are medically-qualified or have professional experience of dealing with people with disabilities. The DWP who made the original decision may also appoint someone to represent them at the hearing in person.

The DWP representative may ask questions, but they have no power or authority to decide the result of the appeal.

Once everyone has been introduced, the hearing will start with you having the opportunity to explain your appeal and the reasons for you appealing.

During the hearing, you should expect to be asked questions from the judge or the medical/health experts about your how your disabilities affect you? You may also be asked to provide clarification in relation to your PIP claim and the evidence provided.

When all the issues have been addressed and all parties have been given the opportunity to present their evidence to the tribunal; you will usually be asked to wait in a side-room whilst the judge is making his/her decision. Once the judge has made his/her decision, you will be called back into the tribunal room and be told of the tribunal’s decision. In some instances at the end of the hearing, you will told that you will receive a decision by post.

What if I lose my Tribunal?

If you are unhappy with the decision of the tribunal, you can in some cases appeal to the Upper Tribunal. This type of appeal is normally only allowed on the basis of an error of case law. The claimant and the DWP can appeal to the Upper Tribunal. If you require more information on appealing to the Upper Tribunal, please email us at: [email protected]