CarersLorna WhiteCarers, Care

Disagreeing with decisions

CarersLorna WhiteCarers, Care
Disagreeing with decisions

What if I disagree with any decisions made? 

You can ask for the decision to be looked at again – this is called mandatory reconsideration. It’s important to consider this if you think the office dealing with your claim has made an error or missed important evidence, if you disagree with the reasons for the decision or if you want the decision to be looked at again. However, some decisions cannot be reconsidered – it’ll say this on your decision letter.

How do I ask for mandatory reconsideration?

You’ll need to phone the DWP regarding the decision made about your PIP claim and tell them you want to ask for mandatory reconsideration. Make sure you ask for this within one month of the date on your decision letter.

You can also write to them and address it to the address on your decision letter. Ensure this will arrive with them within the one month of receiving your decision letter.

On the phone, you will need to tell them the date of your original decision, your name and address, your date of birth, your National Insurance number and explain which part of the decision is incorrect and why.

Can I send more evidence?

Yes, this evidence needs to show why the decision was wrong and not have already been sent. It could include:

  • New medical evidence
  • Reports or care plans from specialists, therapists or nurses
  • Bank statements or pay slips

Write your name, date of birth and national insurance number at the top of all the new evidence and send it to the address on your decision letter.

Is there anything I shouldn’t send as evidence?

Yes, including the following will not help your claim:

  • Information about your condition such as medical certificates or sick notes
  • Letters about medical appointments
  • Letters about future medical tests

If you’re not sure about what to send, call the number on your decision letter.

Can I apply after the one month period?

Yes, but there must be a good reason as to why you have left it so late and didn’t apply for the mandatory reconsideration sooner such as being in hospital or had bereavement.

What happens next?

Once your claim has been reconsidered, you will receive a mandatory reconsideration notice telling you whether they have changed their decision with reasoning. Following this, your benefit may increase but be warned that your benefit could also decrease or even stop.

What if I still disagree with the outcome?

You can appeal to the Social Security and Child Support Tribunal if you still disagree with the decision. You will need to appeal within one month of receiving your mandatory reconsideration decision.

How do I appeal?

You can find the form to appeal here: this is referred to as the SSCS1 form. For help filling out the form, take a look at the guide linked below or call 0300 123 1142 (open Monday – Friday 8:30am – 5pm).

It may be helpful to read about the appeals process here:

Make sure you send your appeal within a month of receiving your decision. However, you can appeal up to 13 months after the date of the original decision if you were, for example; in hospital or coping with bereavement. The tribunal can however reject late appeals.

You then have to choose between a hearing (where you present your case to a tribunal) or if you want your appeal to be decided on by your application or supporting documents.

What happens after that?

Your application will be sent to the other party. They will then respond and you must take your response with you to the hearing. The tribunal will then write to you with your hearing date. This will usually take place at the nearest tribunal to where you live.

It is important to send your evidence to the tribunal as soon as you can before the hearing so it can be sent to all parties.

What if I want to change the date of my hearing?

Write to the tribunal to see if you can change the date. The address should be on the letter confirming your hearing date. The tribunal will make a decision and let you know.

What if I want to withdraw my appeal?

You don’t need permission to withdraw an appeal if the hearing is yet to start. If the hearing has started, you must write to the tribunal for permission if you want to withdraw your appeal mid-hearing.