The claim by the DWP that they lose 70% of PIP appeals mainly because the claimant produces new evidence at their hearing has been proved to be untrue. According to the DWP’s own statistics, 59% of appeals are won by the claimant because the tribunal reached a different conclusion based on the same facts, with new written evidence making a difference in just 1% of cases.
The statistics were revealed in answer to a parliamentary question asked earlier this month.
They show that in 2021 the reasons that claimants won their PIP appeal were:
New written evidence provided at the hearing: 1%
Cogent oral evidence: 32%
Reached a different conclusion on substantially the same facts: 59%
Other: 7%
Cogent oral evidence does not suggest new evidence. Instead it suggests that the tribunal asked detailed questions and the claimant was able to answer them in a way that was detailed, consistent and credible.
So, in 91% of cases the claimant won without any new evidence being provided.
And in just a tiny 1% of cases was it new written evidence, for example a medical report, that swung the outcome.
What this suggests is that making sure you give the most detailed evidence possible in your claim form, which the appeal panel will have a copy of, and giving oral evidence that is consistent with what you have written will be very persuasive for tribunals. This will apply not just to PIP, but to other benefits related to health conditions, such as DLA, ESA and UC for people unable to work
If you have prepared well for the hearing, in terms of knowing what is going to happen, what kinds of questions you are likely to be asked and the importance of being clear, accurate and to the point in your answers then you have an exceedingly good chance of getting the correct award.
Given the difficulty most claimants have in getting new medical evidence, this should be very reassuring information.
