With government figures showing that over 75% of those that appeal to a tribunal have their Personal Independence Payment (PIP) decision changed, you should always consider appealing if you have a benefit claim rejected.
Stages of appeal
There can be up to 3 stages of appeal, depending on how far you want to go in challenging the DWP’s decision.
These stages are:
a tribunal appeal and hearing
Asking DWP to reconsider
If you want to challenge a benefit decision you have 1 calendar month from the date on your decision letter to ask the DWP to reconsider.
If you fail the Work Capability Assessment for ESA, you may be able to go directly to appeal without going through mandatory reconsideration. You may get paid the basic rate of ESA until your appeal. Your decision letter will say if you can appeal straight away.
Warning Missing the deadline
If you miss the 1-month deadline, you can still ask the DWP to reconsider, if it’s within 13 months of the date on your decision letter.
You must have a good reason for missing the deadline. Reasons include:
you were given wrong information by a benefits adviser