PIP letter after tribunal win. What’s next?
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In this article, we explain what a PIP letter after tribunal win is about, and we also address common questions such as: What is a PIP appeal; What is the PIP appeal success rate and how much PIP you can get and for how long.
What is the PIP letter after tribunal win?
If your appeal against the DWP’s decision is successful, you’ll get an official notice (the PIP letter) in the post within a couple of weeks.
You’ll receive your new amount of money every 4 weeks.
The DWP will also have to pay you everything they should have been paying you from the date of your claim.
It normally takes 4 to 6 weeks for this money to come through.
What is a PIP appeal?
A PIP appeal is a request for a tribunal hearing, that can be made only after someone has applied for Personal Independence Payments (PIP) and has been rejected or didn’t get the award they were expecting.
Before making a PIP appeal one has to ask the Department of Work and Pensions (DWP) to reconsider their decision.
This is called a mandatory reconsideration.
What is a mandatory reconsideration?
A PIP mandatory reconsideration is a request addressed to the Department for Work and Pensions to reevaluate your claim for Personal Independence Payment.
You should apply for a PIP mandatory reconsideration even if you did not receive a PIP claim; if you got a lower rate than you expected or if you think the award you got is not long enough.
The letter for PIP mandatory reconsideration should contain any new information describing the changes you have been through from your last assessment with DWP.
You have to say why you disagree with the decision taken by the DWP. Give examples, facts, details and medical reports as evidence that sustains your claim.
If you are not successful with your PIP mandatory consideration, you can appeal the DWP’s decision to a tribunal.
What is a PIP tribunal?
A PIP tribunal hearing is a scheduled meeting that has as main goal to discuss and understand the appellant’s reasons for appealing a PIP decision made by the DWP.
Amongst people present there will be a hearing panel that will be a legally qualified judge and up to 2 other independent people, including a doctor, they’re called the tribunal board.
Also present, the claimant and a representative from the DWP.
After they hear your case, the judge will ask you to leave the room while a decision is made.
If you are lucky, the panel will make the decision that day. In some cases, people had to wait 3 to 5 days to get a decision letter in the post.
It’s important to know, if you were not successful with your PIP appeal, you can appeal to a higher level of the tribunal, called the Upper Tribunal.
PIP appeal won. What’s next?
If you won your PIP appeal, it can take 8 weeks to receive backdated money and about the same time to put your award into payment.
If you receive it before that, and some do, then it’s a bonus. There’s really no timescales, it’s just a guide and nothing more.
DWP usually share information with your local council but once the award is in payment then you should tell them.
Your PIP award will mean that you won’t receive any nondependent deductions with your housing benefit.
Council tax reduction will depend on your local council because they all have their own rules regarding that but there may be a reduction in your band, you will need to contact them to find out.
Enhanced disability premium will be paid from the date of the PIP award whenever that is.
You won’t be entitled to severe disability premium unless your partner and anyone else in your house over the age of 18 claim a qualifying benefit such as PIP daily living or DLA mid/high rate care.
Your partner could claim carers allowance for looking after you but that will depend on their circumstances.
The PIP appeal success rate
Winning a personal independence payment (PIP) appeal is not as unlikely as you may think.
According to the new Ministry of Justice (MoJ) statistics, the success rate for PIP and ESA appeals has now reached 76%.
These numbers are encouraging for the claimants, however, they also highlight the problems and the poor quality of PIP and ESA initial assessment.
The DWP should take into account these issues and perhaps reform their policies and procedure at the mandatory reconsideration stage.
The claimants have to wait months for justice and many don’t even apply for a second or third chance since an appeal at an independent tribunal is causing unnecessary stress, anxiety, as well as unjustified financial issues.
How much PIP you can get and for how long
It’s not possible to say exactly what you’ll get before you apply for PIP because the DWP bases the amount you get on your application and the length of your award on the likelihood of your condition changing.
PIP is made up of 2 components called daily living and mobility, and each can be paid at either a standard or enhanced rate.
The daily living rate is for the extra help you need with everyday tasks. This can include preparing food, washing, getting dressed or communicating with other people.
The mobility rate is for the extra help you need to get around. This can include moving, planning a journey or following a route.
If the DWP decision-maker decides that your ability to carry out the component is limited, you will get the standard rate.
If it’s severely limited, you will get the enhanced rate.
The PIP letter after tribunal win will tell you how long you’ll get PIP for.
It’s usually for a fixed period of time although there are ‘ongoing’ awards. If you’re terminally ill the award is for 3 years.
You can keep getting PIP after the fixed period of your award if either:
- the DWP reviews your existing PIP award and decides to renew it;
- you make a new claim.
The DWP usually reviews your PIP award about a year before it’s due to end – but they can choose to review the award at any time and they might not review it at all.
The DWP will write to you and ask you to fill in a PIP review form, which is a bit like a shorter version of the PIP claim form.
The DWP usually writes to you roughly 3 months before your award is due to end, reminding you to make a new claim.
It can take the DWP a long time to process a new claim so it’s a good idea to make your new claim before your old one ends.
You can do this up to 6 months before your old one ends.
This will also help prevent any break in your PIP payments while you wait for a decision on your new claim.
Conclusions
In this blog post, we answered the following questions:
- What is the PIP letter after tribunal win about?
- What is a PIP tribunal?
- What is the PIP appeal success rate, and
- How much PIP you can get and for how long?
In summary, the PIP letter after tribunal win is an official notice that informs you of the decision the tribunal has made regarding your case.
The most recent success rate for PIP tribunal is 76%, according to the Ministry of Justice.
If you are thinking of appealing a DWP’s decision, chances are by your side.
Please feel free to leave any comment on the content or if you have any questions, in the comments section below.
FAQ about PIP letter after tribunal win
How long does PIP take after tribunal?
After the tribunal, it might take from a few days to a few weeks to receive the PIP tribunal decision.
If your appeal is successful, you’ll receive your new amount of money every 4 weeks.
The DWP will also have to pay you everything they should have been paying you from the date of your claim.
Has anyone won PIP appeal?
Yes, people are wining PIP appeal.
In fact, an extraordinary 73% of social security appeals are successful, with the claimant getting a better award than they originally received from the DWP.
How many PIP decisions have been overturned?
Only 5% of PIP decisions have been overturned.
The explanation for this would be that decisions are overturned because people have submitted more evidence.
What do you wear to a tribunal hearing?
You must wear smart or smart-casual clothes if you are attending a tribunal hearing.
How long do you have to wait for the PIP tribunal?
For a PIP tribunal, you have to wait for 2 to 3 months once your appeal has been accepted.
You can always contact the tribunal while waiting, and they should give you an update on the wait time.
What happens at a PIP tribunal hearing?
At a PIP tribunal hearing your claim and the evidence that you brought will be discussed by a judge and a panel composed of a doctor and an expert in disability issues.
At the tribunal, you will be called “the appellant” and the DWP “the respondent”.
You will also be asked to describe how an average day looks for you.
References
Citizensadvice.org.uk
Benefitsandwork.co.uk
Community.scope.org.uk