A written parliamentary answer has revealed the astonishing number of claimants who go from no PIP award to enhanced awards for both the mobility and the daily living component after lodging an appeal.  The figures throw even more doubt on the quality of PIP assessments and the standard of decision making.

Labour MP Kim Johnson asked “what proportion of people whose personal independence payment appeals resulted in the decision being (a) lapsed and (b) overturned at tribunal hearing had their decision changed from no award to an award of both the daily living and mobility components at the enhanced rate”

The response from disability minister Stephen Timms revealed the following:

 Financial Year  Total Appeals Lapsed  Total Appeals Overturned Appeals Lapsed (Nil award to enhanced-enhanced)

Appeals Overturned (Nil award to enhanced-enhanced)

 2019-20  27,100  53,700  2,900  (11%)

5,100  (9%)

2020-21

 26,300  37,000  3,300  (12%)  4,000  (11%)

2021-22

 17,100

20,500

1,900  (11%)

2,200  (11%)

2022-23

 19,000

30,500

1,900  (10%)

 3,800  (12%)

2023-24

 25,600  34,400  2,100  (8%)  4,900  (14%)

 

The data shows that in the year to April 2024, for example, an extraordinary 7,000 claimants who had been assessed as having no eligibility for PIP at all, went on to get the enhanced award of both components. 

2,100 of these did not even have to go to a tribunal, the DWP changed the award before the appeal was even heard.

The figures also show that almost one in seven claimants who won their appeal in that 12 month period, went into the hearing with nothing and came out with double enhanced.

Initial decisions by the DWP almost always accept what the private sector assessor has concluded about the descriptors that apply.

So, the initial problem is unquestionably the standard of the assessments being carried out.

But this is compounded by the fact that in at least these 7,000 cases, the DWP failed to realise how badly they had got it wrong even at mandatory reconsideration stage.

It wasn’t until the claimant lodged an appeal that, in over 2,000 cases, the DWP actually took a proper look at the evidence and dramatically altered their decision.

And in almost 5,000 cases it was left to the tribunal to put matters right.

Sadly, there is no doubt that many, many thousands of other claimants with a nil award will have given up as soon as they got the decision or when their mandatory reconsideration failed.

So, the lesson is clear:  just because you got no award at all on first application, that doesn’t mean you aren’t entitled to the very highest award of PIP.

 

Comments

Write comments...
or post as a guest
People in conversation:
Loading comment... The comment will be refreshed after 00:00.
  • Thank you for your comment. Comments are moderated before being published.
    · 9 days ago
    I claimed for pip and have appealed so just waiting on a decision , will keep you updated .
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    My so. Was on DLA to PIP for nearly 20 years. He always qualified for middle rate personal and mobility. Then all of a sudden he was refused anything. We did a mandatory reconsideration but he was only granted mobility element. We were too exhausted to appeal and have left it as is. But I feel cheated by the DWP.
    • Thank you for your comment. Comments are moderated before being published.
      · 20 days ago
      @David I really would stick with it I have not long transferred from pip to ADP in Scotland although I have been long term sick I instead of filling in the form I just put no change as was and is true I did that online what I was astonished at was the 10 year award I received I rarely unheard off keep fighting honestly 
    • Thank you for your comment. Comments are moderated before being published.
      · 25 days ago
      @David Don't give up. This happened to many folks including my son on transfer from DLA which we evnetually got back on appeal. There is some case law that says in order to do this they have to prove how your son has improved in order to justify stopping or reducing his benefit. Also, I did not really understand the new PIP process at the time so going through the appeal procedures really helped. My son is autistic and extremely capable in some areas and presents well which sadly goes against him too; I don't feel the assessors really understand. Evidence is key; as adults this can be difficult but I managed to get an up to date ASD report and three witness statements; one from a friend who provided some work experience, teacher / family friend and sister. They all wrote brilliant witness statements which supported everything on his form.  Hope this helps and good luck.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    The appeal process is truly exhausting. Twice in the last 5 years my daughter’s PIP has been stopped and reinstated at tribunal. 
    The figures you quote for zero to double enhanced at appeal is astonishing and that doesn’t include those who went from nothing to something!
    Surely worthy of a BBC investigation! 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    The DWP sets out to try and stop claims from the outset, hoping people will fear any reprisals. The resulting reversals are proof that the DWP and its partners are not fit for purpose.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    When my son was moved from DLA to PIP I specifically said in the form that a face to face would not be beneficial. I stated that my son will not make any negative comments about himself and would stay silent, only commenting if he felt it made him look clever or more intelligent than others. I also explain we have strategies to encourage him to do things, without it appearing as a demand (He has PDA) All of this was ignored.
    Not only did he become aware of strategies we were using but he stayed silent as predicted and only commented when discussing GCSEs (Which he massively exaggerated the amount taken and grades achieved - and argued with us about this) and to state he enjoys doing Suduko and jigsaw puzzles (He sees these as evidence of a high IQ)
    He got 0 points because he did not comment, suggesting he has no issues with the activities. I sent in an MR, no new medical evidence, and it came back enhanced on both.
    Thankfully on review, they did not insist on an assessment and continued with enhanced on both.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    After my last PIP renewal, which gave me zero for both, I wrote a scathing letter reminding them that I had taken them to Tribunal (successfully) every 3 years for over 20 years, that a degenerative disease does not get better, and that I had also taken them to Tribunal for ESA just 6 months earlier and won. They replied with a letter awarding me Enhanced on both, ongoing (supposed light touch renewal every 10 years).
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I have enhanced rate for mobility, after a recent review I was disappointed to to be told my daily living would remain on the lower rate. I have several health issues including four lung conditions. I can barely walk a dozen steps without getting out of breath. I am able to do very little on a daily basis. My flat is filthy because I can’t do the cleaning. I live on sandwiches and toast as can’t carry heavy pans with veg etc from cooker to sink to strain due to arthritis in my hands. Personal care is a problem as I have cough syncope and need someone around in case I pass out. Apparently, I don’t meet the criteria for the higher rate which I was hoping to get to pay for some help. Do I have to literally be at deaths door to get this?
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    How much of the DWP budget is being wasted on the administration of dealing with appeals and tribunals? It's ludicrous
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I went to a tribunal, was told " No contest" by DWP, was told I would have full on both only to have low on both when it came through, so disheartening that I folded and accepted it 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Gregg Hi greg, so sorry to hear this. Am just bit confused. Did you actually go to tribunal?
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I was awarded DLA after an exhausting struggle, which worsened the chronic ill health that had finally forced me out of my career, only to to be awarded zero points when I applied for PIP.  I eventually had to involve the local community law service (who were wonderful) during the stressful process of pursuing my PIP claim, and I was granted enhanced PIP for mobility and daily living the day before the lawyer was due to represent me at the appeal tribunal.  A friend of mine was awarded DLA for life, believing it was for his lifetime, and he was devastated to discover it was for the lifetime of the benefit.  He had to start all over again with PIP, where he initially was awarded zero points.....
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    I was awarded DLA first then when I was up for a review I lost and didn't receive anything I appealed and lost I'm deaf and have limited walking issues so I didn't miraculously get better overnight  After a few years I decided to try and claim again and was awarded standard rate  ????? Really whats happened to the years I've missed out I've been recently told I can't claim back payments as I have no proof Surely I'm on the system that they can check out 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    The assessor’s findings in my case awarded lower amounts. Her comments contained fantasy and lies but I was too sad, demoralised and exhausted to fight back. I wish I had. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Avril Simmons Hi avril. This saddens and annoys me. Have you still got time to put appeal in? The assessors findings in my case, were completely different of what i said. I was drained with it all, but if you can put up a last fight i would appeal. I did and i got what i deserved in the end. Good luck avril.
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    This happened to me 0 to enhanced for both at tribunal. The money matters but being believed about the effects of my condition mattered more in some ways. Cruel system that is a lottery and which adds insult to injury by invalidating lived experience 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    Scrap the Mandatory Reconsideration step. The "benefit" of the MR is totally skewed in favour of the DWP and just increases stress levels in claimants.  A system that seems to rely on claimants   "giving up" is morally indefensible. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Rosie It's also economically indefensible given how reliant our economy is on social security acting as a stabiliser. This is the polar opposite of growth; money which isn't distributed can't be spent with the butcher, baker and candlestick maker so DWP parsimony is causing economic distress in multiple sectors. While piously presenting themselves as making savings, wholly unnecessary in our sovereign fiat economy, the government are making a bad situation worse and causing immense and unnecessary suffering into the bargain. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    An interesting additional statistic would be people who are awarded standard only on either Dl or Mob, [rather than a complete zero] and also go on to get Enhanced on both once they have jumped the useless-for-them MR hurdle and gone on to Appeal. I suspect it would swell the proof of bad assessments massively.
    It would be fascinating if stats existed [I doubt it] on the number of trying-to-cut-a-deal phone-calls made, and the outcome of those. Many claimants will accept a deal for more than their award but less than they believe they should get, out of fear and weariness.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @denby Well I appealed for my son via both routes and scored zero every step if the way despite having hospital treatment every 4 weeks and blood tests every 4 weeks prior to the treatments also having to take unpaid time off from work for these trearments as has ran out of annual leave last year due to hospital admissions he lost over £5000 in earnings and I thought pip was to help people with a long term health or disability with extra costs the system stinks still awaiting for the full report from tribunal decision requested in aug not heard or even hsd a response 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @denby I got a 'deal or no deal' call
       They try to make you believe you cannot continue your appeal if you accept the deal, nil points to enhanced DL and stndard mob-but you can. So I accepted the 'deal' to get some money In Payment, they advised that would lapse my appeal. Luckily for me I knew this was rubbish, took the deal a d continue to tribunal where I got enhanced mob added on. 
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    Scrap the whole darn shooting match and bring in a Universal Basic Income for all citizens.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @philip Problem with this is disabled people have higher living costs. So this would leave them at a huge disadvantage
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Tom “Government control”? We have that already from the existing benefits system going back to when the National Insurance Act was introduced. It is after all the government who administers the welfare state! And, get this, governments print the money we use as well!

      Also, as for, “digital ID”, let me tell you about something called a National Insurance number.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @philip That would be too easy for the DWP to do.  They rather make us suffer.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Tom It will happen eventually, it's got to as more jobs are lost to AI and automation.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @philip I hope you were  being sarcastic?   UBI  is  the start  of VERY slippery slope  of GOVT control    they would couple that with Tony B-LIAR's solution  Digital ID system And  of course  a CBDC  , we would become serfs
  • Thank you for your comment. Comments are moderated before being published.
    · 1 months ago
    In regards of the articles posted here today, the incapacity benefits bill is exponentially high and it needs to come down. How will it come down? They can't force people who are ill into work, it's a recipe for disaster and legal challenges, they could just cut benefits but there still would be claim after claim, they could tighten the criteria for claiming incapacity benefits.

    It's obvious some form of change is coming within the next year but this government and the previous government has to ask what has happened to the people of this country to become incapacitated on such a level? It's shot up after Covid by the way, I think the lockdowns have effected people, in particularly the minds of the young it seems.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @hrh also, if their condition doesn't change, the pensioner keeps pip at the rate they were on pre pension age afaik.
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @WatchandWait I think austerity has a lot to do with this. It underpinned the poor response to Covid.  And yes - the economy isn’t robust - years of funnelling money upwards and away from a broad distribution has beggared us all. 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Dave Dee There is an ill-health crisis in the uk but according to a report I saw it’s not seen in other similar western nations (who were also hit by COVID) so something else is going on. It could be that the NHS is failing big time (though I’ve personally seen huge improvements recently in being able to get appointments and support) and people are resorting to all possible benefit payments to live on. 

      A friend of mine remarked that almost everyone they see at work looks fatigued and ill, and that people on the high street all look very unhealthy. I don’t doubt that COVID had an effect - along with the cost of living crisis which makes us all avoid putting the heating on. I’ve been cutting back on the heating since the energy crisis began and I now have mould in my home for the first time in all the years I’ve lived here. I’m tackling it but have now started to get asthma symptoms and the GP surgery arranged tests to see if I am asthmatic. Hopefully not, but one must carry on! 
    • Thank you for your comment. Comments are moderated before being published.
      · 1 months ago
      @Dave Dee I personally think this is fake news, as we are not being given the whole picture.  the retirement age has been increased to 66/67 yrs so more people in the 60-67 age group are claiming sickness benefits rather than their pension.

Free PIP, ESA & UC Updates!

Delivered Fortnightly

Over 110,000 claimants and professionals subscribe to the UK's leading source of benefits news.

 
iContact