'I was rejected for PIP - will I have to go to tribunal if I appeal?'

'I was rejected for PIP - will I have to go to tribunal if I appeal?'

The applicant was worried about having to physically attend a tribunal due to their anxiety

by · Birmingham Live

A PIP applicant said they were "quite upset" and "a bit flabbergasted" to discover they'd been awarded zero points in the assessment process. They had decided to appeal the decision but were worried about potentially having to physically attend a tribunal.

The Reddit user, who said they'd applied due to their depression, anxiety, bad back and fatigue, said they didn't know whether they'd be able to do it. They said their anxiety led to them dropping out of social events, such as wedding because they couldn't "hack them", adding: "Never mind this."

They asked fellow forum users to shed some light on the appeal process, and queried if any other options were available.

READ MORE: PIP claimants share experiences of 'nerve-wracking' assessment

The post read: "I received back DWP's PIP decision and they have chose to not give me PIP. It might seem silly but I'm quite upset about it; they gave me 0 points total. I’m a bit flabbergasted to be honest. I basically applied concerning my depression, anxiety, bad back and fatigue.

"I'm going to appeal. The problem is, if I appeal does it mean I will have to physically attend a tribunal? I honesty don’t know if I can. My anxiety for stuff like this frankly causes me a lot of distress. I constantly drop out of events like weddings and such because I can’t hack them. Never mind this.

"Do they sometimes accept the appeal without a physical tribunal attendance? Or is there a phone call version? That’s still not ideal but far, far better than face to face."

One reply read: "You go through the mandatory consideration first, if they keep saying no, then you can go to the tribunal. Sometimes DWP offer you PIP before it gets to the tribunal stage. I personally had to go through tribunal, it's not as bad as I thought it would be."

They went on to detail their tribunal experience and said: "There were four people there - judge, a doctor, and someone else (mental health expert I believe), and a DWP rep. I did not have to wear any formal clothing, I just wore what I normally would. For me they made the decision on that day, and I knew the decision outcome that day."

A second reply read: "When I had my tribunal, I was able to just have it over the phone instead of in person. I found it a lot less stressful as I can’t travel due to my anxiety being so bad, they was surprisingly understanding.

"Of course do the mandatory consideration first, if that fails fight all the way to tribunal, never give up! It took me two years to get to tribunal and they awarded me from the date I made the claim."

A third said: "I received zero points and went down the mandatory consideration route. I submitted no more evidence, my letter just focused on and re-emphasised where I thought I should have got points.

"They called me out of the blue a month later to say there were awarding me PIP. Not to give false hope but just want to say it doesn’t always reach tribunal stage."

What is mandatory reconsideration?

Those who disagree with the DWP's decision can ask for it to be looked at again, as part of a process called ‘mandatory reconsideration’. This should be requested within one month of the decision date - unless there was a good reason, such as a hospital stay or bereavement.

As part of the process, which is free, people can explain which part of the decision they disagree with and why. There was also an option to send supporting evidence, including new medical evidence, reports or care plans from specialists, therapists or nurses and bank statements or payslips.

However people should only include evidence they have not already sent. Once the application has been looked at, applicants will get a letter called a ‘mandatory reconsideration notice’ telling them whether the decision has been changed, explaining the reasons and the evidence it was based on.

If people believe the decision of the mandatory reconsideration was wrong, they can then appeal to the Social Security and Child Support Tribunal. The tribunal, supported by HM Courts and Tribunal Services,is independent of government and will see a judge listen to both sides of the argument before making a decision. People usually need to appeal within one month of the date of their mandatory reconsideration notice.