PIP tribunal hearings

If it is a video hearing, check you have what you need for it to go smoothly. HMCTS have made a helpful video.

It may be that your hearing is a phone call hearing. For more help with preparing for this, take a look at our guide called Court and tribunal hearings by video or phone call.

If your hearing is in person, the letter you receive about the hearing will usually give you details of public transport links and parking. At some venues, you can book an accessible parking spot if you phone them in advance. If you need a taxi, ask them to book one for you. This will usually be easier than arranging one yourself and they will pay if you need one because of your disability.

Work out how you will get there and leave yourself plenty of time. You will not want the stress of worrying about being late.

How can you afford to go to a face-to-face hearing?

You should be able to claim travel expenses for the day of the hearing if you use public transport or travel by car. If you have to take time off work, you may also be able to claim some expenses for loss of earnings. And if you have had to pay a carer or childminder you can claim expenses up to the National Minimum Wage for the time you have been away.

You can also claim for a meal if you are away for more than five hours although it is very unlikely to take nearly that long.

Before you go to your hearing, check what the current rules on expenses are on GOV.UK.

The clerk will help you fill in a claim form when you go to the hearing. Make sure you take receipts (and if you have lost earnings, a letter from your employer confirming this).

Contact the tribunal before the hearing if you need help.

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It is likely that the hearing will take place using the method you asked for when you submitted your appeal. The options are by phone, by video call or face-to-face.

Sometimes the tribunal decides on one you did not ask for. If you think you should have a different type of hearing instead, do not be shy to ask for this. For example, if you would find it too difficult to attend a face-to-face hearing because you cannot leave home, they should agree to a video or phone hearing instead if that is the only way you can participate.

Remember the panel do not work for the DWP. They are here to see that you get the benefit if you are entitled to it.

Usually, the three members of the panel will be nice and easy to talk to and will just want to get a full picture of your illness or disability and the help you need. Try to answer their questions fully.

If it feels like they are asking you the same question repeatedly, they probably are and are trying to check that your answers are consistent. So, make sure you are consistent, do not vary your answer just to move on.

The DWP have a right to send somebody to your appeal to explain why they made their decision. They are also allowed to ask questions. Do not worry about this though. If they do send someone, it will not be the person that made the original decision about your claim.

Remember it is YOUR appeal. If you get upset or need the loo you can ask for a short break. If you need some water, just ask.

If your hearing is online or by phone, it is most likely that you won’t get the decision until it is posted or emailed to you several days later.

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In the unlikely event that the panel are considering reducing your existing award (for example because you appealed the decision not to give you the enhanced rate of daily living and the panel feel that you may not be entitled to any daily living award at all), the judge will give you warning and ask if you want a few minutes to consider your options.

This is rare. But if it does happen to you, ask for the hearing to be stopped and explain that you wish to withdraw the appeal. If you do this, the Tribunal is very unlikely to take away the benefit you get at the moment.

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Face-to-face hearings

If you have a face-to-face hearing, you will usually be shown into a waiting room when you arrive at the tribunal centre. You might have to wait here for a little while. There may be other people waiting too. Remember, they are likely to be in a very similar situation to you.

While you are here, the clerk will explain what will happen and will take any evidence you have brought with you. When the panel are ready for you, you will be called into the room.

The room the hearing is in will look like a rather boring office and everybody is wearing normal clothes. When you go in, there will be a big table in front of you. You (and anyone who goes with you) will sit at one side of the table and the panel will sit on the other side.

The panel members are independent and nothing to do with DWP. The person that sits in the middle of the panel is the judge. They are legally qualified and should know a lot about benefits. One of the other panel members is a doctor, the other is someone who knows a lot about disability and may have a disability themselves. The panel should introduce themselves and explain what will happen, in a way that is clear and easy to follow. It is not like a courtroom you see in TV dramas!

At the end of the hearing, you may be asked to go to the waiting room while the panel discuss your case. This can take up to half an hour but usually takes between 10-15 minutes. You will then be asked back into the room and told the decision. They will give you a written outline of their decision as well.

Sometimes the panel will not be able to make a decision quickly. If this happens, they will post it to you instead. It should arrive within a week.

Your hearing might be postponed

Hearings can be postponed for reasons outside of your control. This happens in some areas more than others. If this happens on the day of the hearing it is called an ‘adjournment.’ You should get a phone call earlier in the day to let you know.

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What to do if the hearing is scheduled for a date or time you cannot attend

Email or call the tribunal centre and ask for another date as soon as you can. Do not put it off or just do nothing about it - they are usually extremely helpful.

You may have to explain why you cannot go and you should have a very good reason, like a hospital appointment, or someone you need to be there to help you cannot make that date and time.

If you leave it until the last minute or do not give a good reason, they may not change the day and the appeal might happen whether you are there or not. Do not delay.

If they refuse to change the date, you should do everything you can to move your other appointment

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When I received the letter telling me when my hearing would be, I became extremely anxious and thought that I should prepare myself for the worst. I couldn’t even begin to imagine that the panel at the hearing would be any more helpful than the DWP or the assessment people.

In the weeks leading up to my hearing I had a final chance to submit any more evidence I had to support my claim. I didn't feel that I could go through anymore, but then I remembered my little mantra that "courage is not not being scared, but that something is more important than fear".

I went through my box file to find evidence that would support my claim. It included letters from previous employers detailing my poor performance in various jobs, debt letters, and warning letters from the police that supported what I had said about the symptoms of my disabilities. I sent them everything I could find that would help.

A few days before my hearing a support worker helped me write a statement using the Advicenow guide to take with me to the tribunal. It went through each of the descriptors I met in detail.

When I got there, I could not believe how helpful and friendly the tribunal staff were. An officer came and asked me if I had brought anything more with me that I would like to give to the tribunal. He took my statement and went away to photocopy it for the panel and brought it back to me. He reassured me that they would not take long.

When they called me in the judge asked me if I was feeling okay and if I wanted a drink of water. They asked me a few questions. Then they thanked me for the evidence and statement and told me that it made it easy for them to make their decision.

They said that I was entitled to the enhanced rate for daily living and standard rate for mobility, and that it was to be backdated 18 months to when I first applied. I couldn't believe how easy it had been and I was so happy I could hardly believe it.

Christina

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Whether you have a video hearing or face-to-face hearing these tips will help you get the right award and stop it from becoming too stressful.

Ask a friend or family member to be with you for emotional support if you think it might help. They might also be able to help by reminding you of things you have forgotten. If you do ask a friend, show them Friend or family?
Log on or arrive at the tribunal centre in plenty of time – at least 20 minutes before the hearing is due to start.
If your hearing is by phone, make sure you will be able to hear it ring when the tribunal call. They may call you up to an hour before to check you are OK to take part.
Do not dress up or make a big effort with your appearance. It is important that the panel see you as you are on a normal day. Otherwise, they might get the impression that you do not need help, even if you do.
The panel may be running late and so you might have to wait. If you have made any notes of what you want to say, use this time to go over them.
It does not matter if you get upset. It will not harm your chances. Many people find they get very emotional at the hearing. Remember - you can ask for a break whenever you need one.
Be aware that you will be observed from the moment you are visible – on the video call or around the building where the tribunal is taking place. For example, if you have said you have trouble getting in and out of chairs, they will watch you as you sit down, or how you move around. If you are having a good day, and your illness or disability is normally worse, make sure you tell them that.
If you had asked for any help with communication or translation and it is not available, insist on having the hearing another day.
If you do not understand a question, ask them to repeat it or put it another way. If you still do not understand, tell them that. Do not agree to anything you don’t understand.
If they say something that is not right, make it clear that it is not true. For example, if they say, “You don’t have much trouble with walking 50 metres, do you?” make it clear if you do have trouble with walking that distance.
They usually ask whether your condition has changed since the decision. Remember that you need to prove that the DWP made the wrong decision at the time, so it is unhelpful to dwell too much on how your condition has got worse. It is better to emphasise where your difficulties have remained broadly the same.
Do not worry about using the 'right' language or ‘buzz words.’ It is much better to use your own words. If you think they have not understood something you have said, say it again in a different way.
They will often ask if you had any problems this morning. If somebody has helped you (perhaps by physically helping you to get up and dressed, or by encouraging you to get yourself ready and keeping you calm) - be sure to tell them. Tell them if you needed help to read or understand the instructions to log onto the video hearing or how to get to the tribunal centre.
Do not make light of your illness, condition, or disability. Be as frank about your condition as you can be and explain the help you really need rather than how you manage.
Try to make sure you do not exaggerate the problems that you have either. If you do this, the panel might not believe you when you are not exaggerating.
Try to answer every question as broadly as you can. If you just give short answers, the panel will not be able to get a better understanding of your situation. For example, if they ask if you need help to get washed in the morning, do not just say yes or no. Spell out exactly what bits of your body you needed help to wash and why, and if you need help with anything else in the morning.
Remember to include the help you give yourself – maybe you have a seat in the shower or use a long-handled sponge. If you do not need help because you don't usually have a wash in the morning, explain why you don’t.
If you have not said everything you want to say because they haven't asked the right question - tell them anyway. A clever tactic is to make notes about what you want to tell them (for example, take a list of everything you think you should have been given points for and why you meet those descriptors) and tick them off as you say them. Make sure that they are all ticked off before you leave. If you have taken somebody with you for moral support - this is a very useful thing for them to do.
If your illness or disability goes up and down and you need different amounts of help on different days, you will need to make this clear. It is best if you can say roughly how often you need help with each thing, rather than saying 'sometimes'. For example, 'My health is bad for three weeks out of every four. For those weeks, my joints are very painful, and I cannot dress or undress myself at all'. If you have kept a diary of your needs (see How to prepare for the hearing) you should be able to use that to work out how often you need help with different tasks.

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If it is a video or phone hearing

There are a few things it is good to be aware of.

You must not record the hearing – but if you would like it recorded and to have a copy you can request that on the Manage your appeal service. Sometimes the judge will remind you of that at the beginning.

The judge will also usually ask who is in the room with you. This is just so that they know who else is there. You are allowed to have a family member or friend present.

Do not eat or drink anything (except water, or if it is to meet a medical need) or smoke or vape during the hearing.

Make sure you are somewhere quiet (if that is possible), and you are as comfortable as you can be.

For video hearings it is important that the panel can see your face well on their screen. Try to have a lamp nearby or a window in front of you.

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What to have with you on the day

The appeal papers you were sent by the DWP
Copies of any evidence or a statement – whether you have already sent it in or not

You can take a friend or relative to the appeal with you. If you have asked somebody to come with you to give you support, show them the information on Family or friend. It explains what they can do to help.

How to stay calm

Staying calm is not easy, particularly in very stressful situations, like waiting for your appeal hearing.

Many people find that the best way of reducing stress immediately is to concentrate on their breathing. Take several long, deep breaths. If you can, breathe in through your nose. Try to take the air into your stomach (you should feel your stomach rising). And then slowly breathe out through your mouth. It might help to close your eyes and picture nothing, others like to imagine a scene they find calming.

Some people also find it useful to clench and then relax their fists, arms, and jaw; and to frown and then relax, or raise their eyebrows and then relax them.

If you are getting stressed because of the number of things you have to remember - write a list (or get someone to write a list for you). As soon as it is all down on paper, you only need to remember to look at it.

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The tribunal panel will tell you and the DWP their decision and you will get an official notice of the decision. You may not find out for a few days, especially if your hearing was by video or phone.

If you were successful, the DWP will work out how much they owe you. You will start receiving the new amount every month, and a sum covering the amount they should have been paying you all along. You will usually receive your money in about 4 - 6 weeks.

If you were not successful, you will be sent a leaflet to explain your options. Sometimes you might be able to appeal to the Upper Tribunal. This is like a higher court. However, this can only be done if the panel did not follow the law, by mistake. It is very complicated, and very few people can do this without an experienced adviser. If you want to look into this possibility, you need to move quickly - you will need to ask for a copy of the tribunal’s statement of reasons within one month. See How to find an adviser to help with your benefits for more help.

The DWP also has the right to appeal to the Upper Tribunal if they think the tribunal panel did something wrong. This does not happen often though. If it does happen, they will write and tell you.

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Disclaimer

The information in this guide applies to the UK.

The law is complicated. We recommend you try to get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgements

March 2024

This guide was updated thanks to funding from the Ministry of Justice. Our thanks to Greg Brown from Money Matters Money Advice Centre for his expert feedback on this version of the guide.

This guide was first written and produced by Advicenow and updated thanks to funding from the Litigant in Person Support Strategy.

Advicenow would like to thank all those who provided advice and feedback on this guide, particularly Jim McKenny, Rachel Ingleby, Jane Owen-Pam from The National Autistic Society, Sangeeta Enright from Cystic Fibrosis Trust, Christine Hallam-Cutler from Macmillan Benefits Rotherham, Sue Lovell from Cornwall Council, Richard Stacey from St Pauls Advice Centre, Chris Beer of Maggies Glasgow.

If you would like this guide in another format please email [email protected]

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PIP tribunal hearings