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PIP and other benefit decisions can be appealed where a claimant is unhappy with a decision following a mandatory reconsideration. Mandatory reconsideration rules force the DWP to review a benefit decision where a claimant disagrees with the result or simply wants to have it looked at again.
Mandatory reconsiderations need to be requested within one month of the decision involved and this can be done by phone, post or filling in a specific form.
Claimants will need to provide personal details and evidence to support their case when questioning a decision.
Following this, the benefits office involved, usually the DWP, will provide the claimant with a "mandatory reconsideration notice" which tells them whether they've changed the decision.
This notice will explain the reasons for the decision along with supporting evidence.
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Should a claimant still disagree with the outcome, they may then be able to appeal to the Social Security and Child Support Tribunal if they think the decision in the mandatory reconsideration notice is wrong.
This appeal will also need to be done within one month of the notice being given and the decision will be judged at a tribunal hearing.
Appeals usually take up to six months and even here if a claimant is unhappy with a decision, they may be able to get it cancelled (known as set aside) or appeal further to the Upper Tribunal (Administrative Appeals Chamber).
However, appealing to the Upper Tribunal can only be done where one thinks a decision is wrong on legal grounds.
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The appealing process was questioned recently as Kate Osamor, the Labour (Co-op) MP for Edmonton, pushed the DWP for answers.
Kate asked the Secretary of State for Work and Pensions: "If she will undertake a sampling exercise to establish whether there are instances of decision makers calling claimants directly to lapse an appeal against the refusal of personal independence payments when those decision makers should have contacted the claimant's representative in the first instance."
This question was answered by Justin Tomlinson, the Minister of State for the DWP, on May 14.
He responded: "The information requested is not readily available and could only be provided at disproportionate cost."
© EXPRESSPIP
To be eligible for PIP, a person must be aged between 16 and state pension age.
Additionally, they must have a physical or mental health condition or disability where they:
have had difficulties with daily living or getting around (or both) for three months
expect these difficulties to continue for at least nine months
Claimants will also need to have lived in England, Scotland or Wales for at least two of the last three years, and be living in one of these countries when they apply.
So long as a claimant is eligible, they'll get a monthly payment that may be made up of two parts - a daily living part and a mobility part.
Whether a person gets once or both of these depends on the severity of their condition(s).
The daily living part of PIP pays either £60 or £89.60 per week.
Mobility payments will also provide either £23.70 or £62.55 a week.