Assessment report form and tribunal route

Hi Brian

I'm sorry to hear that your daughter's PIP has been reduced and that the Mandatory Reconsideration was unsuccessful. It probably doesn't help, but most MRs are turned down, and your chances were narrowed in that you hadn't got a copy of the assessment report. Without that, you were always going to struggle to tell them they'd made the wrong decision.

So where do you go from here? Firstly there's the issue of trying to get her claim reinstated to the same level as before. You have one month from the date on the Mandatory Reconsideration decision letter to put in for an Appeal. If that time has already passed then you have to apply to put in for a late Appeal. You have up to 12 months in total to put in for the Appeal.

You are entitled to a telephone call from the DWP to explain why your MR was disallowed. They should contact your daughter automatically - about it, but many people report never receiving that phone call. You may want to ring and have it, because the DWP are supposed to explain why they think your daughter's health has improved. I am guessing that from the toy she had while the phone call was going on at least one of her conditions is life long and so there will not have been an improvement! You might find it useful in showing the DWP's lack of understanding. However, don't worry if it's too much for you. I understand the brain fog will be making things challenging.

We have a Guide to PIP appeals that will walk you through the process. The panel will have more experience than the DWP, but don't assume when putting your evidence together that they understand your daughter's condition/s. You need to tell them and make sure that you refer back to the information you provided at the time of her review.

benefitsandwork.co.uk/guides-for-claimants/pip

There are a couple of other guides that you may find useful and a video if you need to use any case law to support your daughter's claim.

Don't be daunted. Once you have put in the Appeal, you can update it.

You can do the application online if you wish, and you can go back in and make changes up to three weeks before any tribunal date.

I can't tell you how long you must wait for a Tribunal date. A couple of members have been told by the Tribunal Service recently that they have a backlog to deal with, but it can vary in different areas of the country, so this is something you will need to enquire about locally.

I hope that helps. Come back and ask if you have any further questions and we will try and help.

BIS