Question 1

Do I need a solicitor to win a PIP appeal?

Accepted Answer

You can appeal a PIP decision without legal representation. However, PIP appeals are determined by specific statutory tests and case law. A specialist solicitor can identify errors in the decision, structure the evidence properly, and present the case in line with how tribunals assess entitlement — which can materially affect the outcome.

Question 2

How often do PIP appeals succeed at tribunal?

Accepted Answer

Around 60–65% of PIP appeals succeed at tribunal, according to recent HMCTS statistics. This reflects a consistent pattern: many initial decisions are overturned once the correct legal framework is applied to the evidence. Well-prepared appeals tend to have stronger prospects.

Question 3

Why are so many PIP decisions overturned at tribunal?

Accepted Answer

Many PIP decisions are based on assessment reports that do not fully reflect how a condition affects day-to-day functioning. At tribunal, the case is considered afresh by an independent panel applying the correct legal tests. Where the evidence is properly analysed, decisions are frequently revised in the claimant's favour.

Question 4

How long does a PIP appeal take?

Accepted Answer

A Mandatory Reconsideration usually takes between 2 and 8 weeks. If the case proceeds to a tribunal, it can take several months for a hearing to be listed.

Question 5

Do I have to do a Mandatory Reconsideration before appealing PIP?

Accepted Answer

Yes, in most cases a Mandatory Reconsideration is required before an appeal can be made to the tribunal. It should clearly explain why the decision is wrong in fact or law, rather than simply asking for it to be looked at again.

Question 6

What happens at a PIP tribunal hearing?

Accepted Answer

A PIP tribunal is independent of the DWP and usually consists of a legally qualified judge and a medical professional. The panel considers the case afresh and will ask questions about how the condition affects daily activities, focusing on whether the statutory criteria are met.

Question 7

Can I appeal if I was awarded PIP but at a lower rate than expected?

Accepted Answer

Yes. If the award does not reflect the full extent of functional limitation — for example, where standard rate has been awarded instead of enhanced — the decision can be challenged.

Question 8

Is it worth appealing a PIP decision?

Accepted Answer

Yes, in many cases it is. A significant proportion of PIP decisions are changed at tribunal. Where there is evidence that the legal test has not been properly applied, an appeal can lead to a higher award or reinstatement.

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