PIP Mandatory Reconsideration and Appeals 5 — Questions and Answers
Question 1: Which organisation provides free, independent advice to help claimants with PIP MR and appeal processes?
- The DWP Customer Relations team
- Citizens Advice and welfare rights organisations (Correct answer)
- The Ministry of Justice directly
- NHS occupational therapists only
Correct answer: Citizens Advice and welfare rights organisations
Citizens Advice and local welfare rights organisations provide free, independent support to help claimants prepare MR requests and tribunal appeals.
Question 2: What is the typical timeframe for the DWP to complete a Mandatory Reconsideration?
- 3–5 working days
- Around 2 weeks
- Up to 6–8 weeks in many cases (Correct answer)
- Exactly 28 calendar days by law
Correct answer: Up to 6–8 weeks in many cases
While the DWP aims to complete MRs within 14 days, many take 6–8 weeks or longer, particularly when additional evidence is being gathered.
Question 3: If you have new medical evidence after the original PIP decision, when is the best time to submit it?
- Only at the tribunal stage, not during MR
- During the MR process so the DWP can consider it before a tribunal is needed (Correct answer)
- After the tribunal has already decided
- Only if requested by the DWP
Correct answer: During the MR process so the DWP can consider it before a tribunal is needed
Submitting new medical evidence during the MR stage gives the DWP the opportunity to change the decision without requiring a tribunal, saving time and effort.
Question 4: What does a 'consent to be appointed' form allow in a PIP appeal?
- It allows the DWP to appoint a new case worker
- It authorises a representative to act and communicate on your behalf with the DWP and tribunal (Correct answer)
- It gives the tribunal power to request medical records directly
- It allows a third party to receive your PIP payments
Correct answer: It authorises a representative to act and communicate on your behalf with the DWP and tribunal
A consent form authorises a nominated representative — such as a welfare rights adviser or solicitor — to handle correspondence and speak on your behalf throughout the process.
Question 5: What does 'oral hearing' mean at the tribunal stage?
- A hearing conducted over the telephone only
- A hearing where you attend (in person or by video) and can give evidence and be asked questions (Correct answer)
- A hearing where only a doctor gives evidence
- A hearing where arguments are made verbally by lawyers only
Correct answer: A hearing where you attend (in person or by video) and can give evidence and be asked questions
An oral hearing gives you the opportunity to attend the tribunal in person or by video link, present your case, and answer questions from the panel.
Question 6: What is the significance of 'case law' in a PIP tribunal appeal?
- Case law is irrelevant — only PIP regulations matter
- Tribunal and Upper Tribunal decisions can establish how PIP descriptors should be interpreted and applied (Correct answer)
- Case law only applies to Employment Support Allowance, not PIP
- Only Court of Appeal decisions are binding in PIP cases
Correct answer: Tribunal and Upper Tribunal decisions can establish how PIP descriptors should be interpreted and applied
Tribunal and Upper Tribunal decisions create case law that guides how PIP descriptors and regulations should be interpreted, and citing relevant cases can strengthen an appeal.
Question 7: What does it mean if the tribunal 'remits' a case?
- The tribunal dismisses the appeal and upholds the DWP decision
- The tribunal sends the case back to the DWP to make a new decision following its guidance (Correct answer)
- The tribunal awards the maximum PIP rate automatically
- The tribunal refers the claimant to a medical assessment
Correct answer: The tribunal sends the case back to the DWP to make a new decision following its guidance
Remitting means the tribunal sends the case back to the DWP with instructions on how to correctly remake the decision, rather than substituting its own decision.
PIP Mandatory Reconsideration and Appeals 5
Which organisation provides free, independent advice to help claimants with PIP MR and appeal processes?