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Do people win PIP appeal?

Personal Independence Payment (PIP) helps with extra living costs for individuals with long-term physical or mental health conditions or disabilities. To qualify for PIP, your health condition or disability must make it difficult for you to carry out everyday tasks and get around. PIP is not means tested or taxed and is paid regardless of your income or employment status.

Who is eligible for PIP?

To be eligible for PIP, you must be aged 16-64 and have had difficulties with daily living or mobility for 3 months. You must also expect these difficulties to continue for at least 9 months. PIP is not affected by your employment status or other income.

PIP is made up of 2 components:

  • Daily living component – if you need help with everyday tasks
  • Mobility component – if you need help getting around

You can qualify for one or both PIP components depending on your circumstances. Each component is paid at either a standard or enhanced rate. The weekly rates for 2022/2023 are:

PIP component Standard rate Enhanced rate
Daily living component £61.85 £92.40
Mobility component £24.45 £64.50

How do you apply for PIP?

To start a claim for PIP, contact the Department for Work and Pensions (DWP). You can apply by phone or by printing out and completing the PIP1 form.

The application process involves:

  • Completing the ‘How your disability affects you’ form – detailing how your condition affects your daily living and mobility
  • Attending a face-to-face assessment with a health professional, if required
  • The DWP using your application and assessment to determine your eligibility

What happens if your PIP claim is unsuccessful?

If the DWP turns down your PIP claim, you have the right to ask them to reconsider the decision. This is called a mandatory reconsideration. To do this, write to the DWP within 1 month of the date on their decision letter. Provide any new information you think is relevant.

If the reconsideration is unsuccessful, you can appeal the decision. This takes you to a tribunal hearing with an independent panel. Around 2 in 5 PIP appeals are successful, so it’s worth challenging a decision if you believe it is wrong.

How long does a PIP appeal take?

The time frame for a PIP appeal is:

  1. 1 month to request mandatory reconsideration
  2. 1 month for DWP to reconsider the decision
  3. 1 month from reconsideration outcome to lodge an appeal
  4. Up to 6 months for an appeal hearing date

So in total, the appeals process can take around 9 months from the initial decision. It may be shorter or longer in some cases.

What are the chances of winning a PIP appeal?

According to independent benefits advice organization Benefits and Work:

  • Original DWP decision overturned in 15% of mandatory reconsiderations
  • Appeal won by claimant in 42% of tribunal hearings

So while mandatory reconsideration only has around a 1 in 7 chance of overturning the decision, lodging a formal appeal has a much higher success rate. Nearly half of PIP appeals result in the original decision being overturned.

What makes a PIP appeal successful?

There are certain factors that can help improve your chances of winning a PIP appeal:

  • Providing medical evidence – doctor or specialist reports explaining how your condition affects you
  • Having an advocate, welfare rights adviser or solicitor represent you
  • Presenting your case clearly at the tribunal hearing
  • Stressing any deterioration in your condition since the initial claim
  • Explaining the effect invisible disabilities such as mental health have on you

Appeals are most successful where the claimant can demonstrate the functional impact of their condition through detailed medical evidence and testimony.

Can you appeal a PIP decision twice?

No, you cannot appeal the same PIP decision twice. If mandatory reconsideration or appeal finds against you, that decision stands. To apply again, you would need to demonstrate a worsening of your condition that affects your ability to live independently.

However, if you are already receiving PIP and the DWP carries out a review resulting in your PIP being changed or stopped, you can challenge that decision. The same appeal process applies as with an initial claim.

How long do you get PIP for?

PIP is usually awarded for a fixed period of time, after which your claim will be reviewed. This period can be anywhere between 9 months to 10 years. Shorter awards are typically given where your condition is expected to improve. Longer awards are given where your needs are unlikely to change. If your condition deteriorates significantly, you can request an earlier review.

Can I ever lose my PIP?

Yes, your PIP can be stopped in certain circumstances, including:

  • At a scheduled award review, if your needs have changed
  • If you no longer meet the eligibility criteria, for example due to an improvement in your health
  • If you fail to attend required assessments
  • If you fail to provide necessary medical evidence when requested
  • You were awarded PIP incorrectly or dishonestly

However, PIP can only be stopped following a review of your claim by the DWP. If they decide your PIP will stop, you can challenge this decision through reconsideration and appeal.

Conclusion

Claiming PIP and appealing decisions you believe are wrong can be complex. But with the right approach, many people are successful – around 42% of PIP appeals are overturned in the claimant’s favor. Getting expert benefits advice and submitting strong supporting medical evidence are key to boosting your chances of a successful appeal.