How Long Does a Tribunal Appeal Take?

There is no fixed timeframe for tribunal appeals.

In many cases it can take up to 12 months for a hearing to be listed, and sometimes longer depending on the tribunal’s workload and availability at the hearing centre.

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Before the Hearing

Before the hearing takes place, the Department for Work and Pensions (DWP) will send you a bundle of documents containing all the evidence they are relying on in your case. This usually includes:

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• Your original PIP claim form

• The assessment report

• The decision maker’s reasoning

• Any additional evidence you provided

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You should read through this bundle carefully before the hearing.

If you are unable to attend the hearing on the scheduled date, you must contact HM Courts and Tribunals Service (HMCTS) in writing as soon as possible to request that the hearing be rearranged.

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What to Expect at the Hearing

Tribunal hearings are usually informal and relatively relaxed. They are not like traditional court hearings and are often held in a small meeting room. Some hearings may take place in Magistrates’ Courts or tribunal buildings.

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When you arrive, you will normally be greeted by a tribunal clerk who will explain how the hearing will work and answer any practical questions.

You will also be asked whether you have any additional evidence you wish to submit.

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Who Will Be at the Hearing?

The tribunal panel normally consists of three people:

• A judge – who leads the hearing and ensures the correct legal process is followed

• A doctor – who considers the medical evidence and health aspects of your condition

• A disability specialist – who has experience of how disabilities can affect a person’s daily living and mobility.

In some cases, the DWP may send a representative, although they do not make the final decision on your appeal.

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During the Hearing

The tribunal will ask questions to understand how your condition affects you.

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You will usually be asked about:

• Why you disagree with the DWP decision

• How your condition affects your daily living activities

• Any mobility difficulties you experience

• The evidence that has been provided with your claim

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The panel’s role is to understand your situation fully, so they may ask detailed questions about your day-to-day life. After the questions have finished, you may be asked to wait outside while the tribunal considers its decision. Sometimes you may be told the outcome on the same day, but in other cases the decision will be sent to you by post.

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If Your Appeal Is Unsuccessful

If you disagree with the tribunal’s decision, you may be able to appeal to the Upper Tribunal.

However, these appeals are usually only allowed if there has been a procedural error, or an error of law in the way the First-tier Tribunal made its decision. Both you and the DWP have the right to request permission to appeal to the Upper Tribunal.

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For further advice on Upper Tribunal appeals, please contact us, as this is a specialised area.