PIP applicant says 'wish me luck' as they plan tribunal appeal over DWP decision

A Personal Independence Payment applicant who was told they didn't 'meet the threshold for an award' announced their intention to appeal and said: "Wish me luck." They said they 'couldn't understand' how the Department of Work and Pensions had come to the decision, adding: "Guess I'm going to tribunal then."

The potential claimant had already challenged the DWP's original decision, and asked for it to be looked at again, as part of a process called ‘mandatory reconsideration’. They said they'd Citizens Advice had assisted them with the appeal, and claimed: "They were convinced I would get at least the daily living allowance, if not more."

However, despite submitting further evidence to support their claim, they'd been told the decision would not change. The DWP had said: "Whilst we acknowledge that your condition causes you some restrictions, the total points awarded do not meet the threshold for an award of Personal Independence Payment."

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Sharing a screenshot of the mandatory reconsideration decision, the Reddit user said: "I cannot understand how they came to this decision, had Citizens Advice help me write the appeal, they were convinced I would get at least the daily living allowance, if not more. Guess I’m going to tribunal then, wish me luck."

The decision notice read: "Thank you for telling us how your health conditions affect you. We have used what you told us and all of the available evidence to make our decision. Personal Independence Payment is based on your ability to carry out a number of activities in a safe way on a regular basis. PIP is not awarded for having certain health conditions.

"We would like to tell you what is required for each of these levels to help. To need an aid, a device must be needed to help you complete this activity. To need prompting, another person would be needed to help you manage this activity. To need supervision, another person must be with you all the time while you are completing the activity to ensure your safety.

"The activity of going out does not cover your physical ability to walk, it considers you mental or sensory ability to plan and follow a route and how much distress going out would cause. In our original decision, we accepted that you need help with preparing food, washing and bathing and moving around. The appropriate points have been awarded and we agree with the decision on these activities.

"We have reviewed the evidence including the further evidence provided, the universal credit report, the assessment report, the decision made, and considered your needs on the majority of days. Whilst we acknowledge that your condition causes you some restrictions, the total points awarded do not meet the threshold for an award of Personal Independence Payment."

The DWP has said those who believe the decision of the mandatory reconsideration was wrong can then appeal to the Social Security and Child Support Tribunal. The tribunal, supported by HM Courts and Tribunal Services, was independent of government and would 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.