Challenging a PIP decision - the tribunal hearing (2024)

Coronavirus – appealing to the tribunal

If possible, a tribunal judge will assess your case without a hearing. Instead they’ll make a decision based only on the documents. Send any evidence you have to the tribunal as soon as possible – for example medical evidence.

If the judge assesses your case based on the documents, they’ll send you a ‘provisional decision’. If you don’t agree with the provisional decision, tell the tribunal you want a hearing instead. You can find the contact details of your tribunal on GOV.UK.

If there has to be a hearing, the tribunal might suggest a phone call or video conference.You can check how to prepare if the tribunal arranges a hearing by phone or video call.

If you go to the tribunal in person, you’ll have to wear a mask or covering for your mouth and nose. If you don’t wear one, you won’t be allowed in the building. Some people don’t have to wear one – check who doesn’t have to wear a mask or face covering on GOV.UK.

Worth knowing

It’s normal to feel anxious or nervous ahead of the appeal hearing, but no one will be trying to catch you out - it’s your opportunity to explain how your condition affects you and show them why you should get PIP.

You can print out our PIP appeal help sheet [ 110 kb] to help you remember everything you need on the day.

Preparing for the hearing

Before the hearing, you should:

phone straight away if you want to change the date - it should be for a good reason (eg a hospital appointment)
read through all the information the tribunal service sends you so you know what to expect
send any new evidence to the tribunal - try not to turn up with lots of new evidence on the day
arrange for a family member or friend to go with you for moral support, if you feel it would help
check the venue has everything you need, eg if you asked for a sign language interpreter, check they will be there
check what expenses you can claim and how to claim them - the tribunal service will give you this information

Things to take with you

Gather together the things you need to take with you, including:

What to expect at the hearing

The appeal tribunal hearing is informal - you won’t be in a formal courtroom full of people. The hearing panel will be a legally qualified judge and up to 2 other independent people, including a doctor. They’re called the tribunal board. Someone from the DWP might attend too but only to make their case - they won’t be involved in the final decision.

This is what you can expect at the hearing:

the judge will introduce the tribunal and explain what it’s for - they might call you ‘the appellant’ and the DWP ‘the respondent’
they’ll ask you questions about your reasons for appealing, and get you to describe things like what you do on an average day
if someone from the DWP is there, the judge will also ask them questions
if someone goes with you, they might be asked if they want to say anything
once everyone has had a chance to speak, youwill be asked if there’s anything more you’d like to say - so if there’s anything you want to add or clarify, you can
you'll be asked to leave the room while a decision is made
you’ll be called back into the room and told the decision, although occasionally you may have to wait 3 to 5 days to get a decision letter in the post

On the day:

arrive in plenty of time - if you’re late, the hearing might start without you
don’t make a special effort to look smart - it’s important the panel sees you as you are on a normal day
if you asked for help with communication, translation or access and it’s not available when you arrive, you can insist on having the appeal hearing held on another day

When you’re being asked questions

Try not to feel too anxious about being asked questions. The board won’t be hostile towards you - they want to hear more about how your condition affects you so they can make the right decision.

Don’t be embarrassed to talk about how your condition affects you - it’s really important the panel gets a true picture of your daily life.

Do:

ask the judge or doctor to repeat any questions you don’t understand
tell them if someone has helped you on the day, eg helping you to dress, driving you to the hearing or reading signs for you
correct anything that isn’t right, eg if the judge says ‘you have no difficulty walking 50 metres, do you?’, make it clear if they’re wrong
use your own words and don’t feel you have to use medical language
be prepared to answer questions about all aspects of how your condition affects you, not just the reasons you’re appealing
make sure you’ve said everything you want to say - don’t be afraid to speak up if you feel there’s something else important to say

If you win your appeal

If your appeal is successful, you’ll get an official notice in the post within a couple of weeks. You’ll receive your new amount of money every 4 weeks.

The DWP will also have to pay you everything they should have been paying you from the date of your claim. It normally takes 4 to 6 weeks for this money to come through.

If you lose your appeal

You’ll be sent a guide with an official notice that explains your options. Sometimes it’s possible to appeal to a higher level of tribunal, called the Upper Tribunal, if you think your tribunal made a mistake in law, but you can’t appeal just because you disagree with the result.

If you’re thinking about challenging the decision, get advice from your local Citizens AdviceinEngland and Walesor inScotlandto check if you have grounds to appeal again.

You can reapply for PIP and start the process again, but unless something has changed you’re unlikely to get a different decision.