How to prepare for the PIP appeal hearing

If you have already asked for a PIP appeal, there are a lot of things for you to do over the next few months. You might have to wait a long time for the hearing but it is useful to start preparing as soon as you can. Some things can take a long time.

If you have not already tried to get help and advice, do so now – take a look at How to find an adviser to help with your disability benefit. Some advisers may be able to help do some of this preparation for you. If you are lucky enough to find someone who can help with the preparation, make sure you are clear which things your adviser is going to do for you, and which you need to do yourself.

The guidance below assumes you are preparing for a face-to-face hearing. Nowadays, lots of hearings take place by phone or by video call. Some people prefer this option. All of the advice, except about actually travelling to the hearing applies equally to hearings by video or phone.

This information applies in England, Wales, and Scotland. It will also be helpful for claimants in Northern Ireland where the rules are the same but the relevant government departments and forms are different.

Last updated: March 2024

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When will the hearing be?

Usually, you will not get told the date of the hearing until 3-4 weeks before (you should be given at least 14 days’ notice unless you agreed to be given less on the form). However, it is useful to know how long you have to prepare for your appeal. Some people have to wait up to 12 months.

Manage your appeal

It is a good idea to sign up to the Manage your appeal service. This service enables you to keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to). It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled.

If you asked for an appeal online and gave them your email address, you will have received an email with a link to help you sign up. If you did not, you can sign up by calling 0300 123 1142 Monday to Friday, 8:30am to 5:00pm or by emailing [email protected]. If you ask by email, you will need to include your National Insurance number, date of birth and postal address.

Do you need help with your appeal?

If you cannot get any professional help to prepare for the hearing, you might want to ask somebody else to help you. It might stop it from feeling too stressful. It might be particularly useful if you are not very good with paperwork or deadlines.

If you do think it might be useful, think about who you could ask - do you have a family member, friend, or someone who helps you who is good with paperwork and organising things?

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Look at the big pack of paperwork that you were sent by the DWP explaining why they made the decision they did. The Tribunal may call this ‘the papers’.

Many people get very confused by the references to law at the beginning. Do not let them put you off. If you do not have time to become an expert on all the legal ins and outs of PIP decisions, ignore this part. The Tribunal should know what law applies.

The most important part is the report from the medical assessment. Read through it and look for anything you don't agree with.

Did the assessor ask you the right questions and correctly record your answers?
Do they have all of your conditions listed?
Have they misunderstood something you said you used to do, as something you are able to do now?
Are there things in there that did not happen or don’t reflect your conversation at all?
If your health condition or disability is better or worse on different days, did the assessor understand that?

Make a note of all the things that are wrong. If you can, say why they are wrong. You can include this in your statement to the tribunal. This is very useful as the wrong decision you have been given is probably based on this report.

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Do not be shocked if the assessment report is full of inaccuracies.

This seems to happen horribly frequently. We have heard of completely incorrect diagnoses being recorded, easily verifiable physical conditions being ignored or incorrectly recorded, and records of whole conversations that never occurred.

Many people find that the assessment ignored or minimised their mental health conditions. If you find this has happened to you, you are right to be angry about it – it is terrible - but do not take it personally. It happens to a lot of people. Do not allow it to upset you too much. Tribunal panels are used to hearing that assessment reports have lots of mistakes in them. It is usually easy to get them set aside in favour of other evidence.

If you are angry about it and have the energy for two things, put in a complaint to the organisation who did the assessment. For most claimants, that is either Capita, Serco, Ingeus or Maximus. You can then show a copy of your complaint to the tribunal.

If you only have the energy for one thing though, focus on your appeal as that is the only thing that will change your award. You can still make a complaint after your appeal hearing.

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For most people, the thing that is most helpful is written evidence from their GP or other medical professional.

The most useful evidence will explain how your illness or disability affects you, and the help you need (paying particular attention to the descriptors that you meet). Make sure the professional you are asking for evidence understands that.

See How to write useful evidence for PIP below. This is a guide for your doctor, social worker, or anybody else writing evidence for you. When you ask anybody for evidence to support your appeal, show them this page and tell them which descriptors you meet. It will help them to write evidence that will be really helpful to you.

The best evidence will come from people who know you well and who understand your situation. This could be your GP, or social worker or community psychiatric nurse, a paid carer or support worker, a personal assistant, your occupational therapist, somebody who works at a day centre you go to, or somebody else.

Read your evidence before you send it to the tribunal. If there is something in there that you don’t agree with, you don’t have to provide it unless the tribunal specifically request to see it.

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You are appealing the decision the DWP made on a particular date (at the top of the letter). You need to prove how your illness, condition or disability was at that time, not how it is now. Let whoever is writing evidence for you know what that date is, or write the date of in the little blue box before you ask anybody for evidence. Then show them How to write useful evidence for PIP.

It is important not to be offended if the evidence embarrasses you. For example, if it says that sometimes you appear not to have washed or eaten properly. They are just trying to ensure you get all the help you are entitled to.

Paying for medical evidence

GP's and other medical professionals are allowed to charge for evidence and many do.

If your doctor suggests that they will charge you, tell them it does not need to be terribly long and that it could be hand-written if this is quicker. Reassure them that it will only take the time of an appointment. Show them How to write useful evidence for a PIP appeal - so that they are sure of what you need from them.

If they insist on charging you, instead ask them for the last two years of your medical records. They will give you this for free and it may contain some useful evidence.

Evidence from your support worker, personal assistant, carer, or anybody that helps you

If there is somebody who helps you a lot (this might be somebody you pay, or who helps you at college or work, or it might be your partner, a family member, or a friend), they may be able to write some very useful evidence too. Ask them to write a letter to the tribunal panel explaining what help they give you and how often. Make sure they sign and date their letter. Show them the guidance for doctors and other professionals in How to write useful evidence for PIP - it will help them to remember everything.

It can be very useful for this person to come to the hearing with you - so that the panel can ask them questions. They may be asked to wait outside until their evidence is needed - so you may need to be prepared to go in alone at first.

Diary

If you can, keep a diary of the help that you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your illness or disability is not the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be very brief. For example - 'Monday - Joints and back very painful today. Needed help to fasten my bra, and put socks and shoes on, as I could not bend down. Marie had to help me downstairs'. Include everything that is connected to the activities PIP is based on that you have difficulties with.

If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).

Is there any other evidence that you have?

There may be useful evidence you already have or can easily get. Maybe you have letters from doctors or support services already that support your case.

Write a statement

If you (or someone who is helping you) are good with writing, you should think about writing a statement for the tribunal. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day. They also give the panel time to think about what you have said and why you should be getting more before they meet you.

For more advice on how to write a statement and what to put in it, see How to write a statement for your PIP tribunal. There, you can also read Spencer’s statement and see what he put in his.

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Show this page to the people you are asking for evidence from. Remember to tell them which descriptors you meet.

This page is written for medical staff, social workers, and other professionals who might be able to tell the tribunal what they need to know. It explains how to write helpful evidence for this kind of benefit appeal.

Evidence from doctors and other professionals helps the tribunal to come to the right decision more than anything else. Your evidence does not need to be long or typed.

Whether your patient/client is entitled to PIP is decided by the difficulties they experience and the help they need with very specific tasks. This includes help they need but do not necessarily get, or help they give themselves like taking a rest, doing things less frequently, or using an appliance.

Your patient/client has told you which descriptors they meet below. Please confirm whatever you can in your evidence. For example, if they cannot walk even into your consulting room without discomfort, or if they are slow and it takes them twice as long as somebody else, please say that.

If you cannot confirm the descriptor your patient has said they meet but can confirm another in that section, please include that. If you cannot confirm any from that section, please just leave it out as your patient may have evidence from someone else who knows more about their problems with this. If you do not understand why your patient meets the descriptor they have suggested, please ask them.

If your patient could do some of these things but not as often as required, or it would take them twice as long as anybody without their condition, it causes breathlessness, pain, or fatigue, it counts as being unable to do it. If they could do it some days, but not more than 50% of the time, it counts as being unable to do it. For example, if they can stand and walk for 50 metres, but they can only do it a few times in a day, it may hurt them, they might sometimes fall, or it takes them twice as long as someone else, the law sees this as not being able to walk for 50 metres.

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This appeal is about a decision that was made on a particular date …………………………. [patient to fill in]. Your evidence needs to be about how their illness, condition, or disability affected them at that time.

It would also be helpful if your evidence confirmed any diagnosis and any treatment that they receive.

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Daily living activities and descriptors

Activity 1. Preparing food

a. Can prepare and cook a simple meal unaided. – Score 0
b. Needs to use an aid or appliance to be able to either prepare or cook a simple meal. - Score 2
c. Cannot cook a simple meal using a conventional cooker but is able to do so using a microwave. - Score 2
d. Needs reminding or encouraging to be able to either prepare or cook a simple meal. - Score 2
e. Needs supervision to help stay safe or physical help to either prepare or cook a simple meal – this includes chopping, stirring, moving full pans, telling when it is cooked, etc. - Score 4
f. Cannot prepare and cook food – this includes chopping, stirring, moving full pans, telling when it is cooked, etc. – Score 8

Activity 2. Taking nutrition

a. Can take nutrition unaided. - Score 0
b. Needs to use an aid or appliance, or supervision to help them stay safe, or physical help to be able to cut up food to be able to eat or drink. - Score 2
c. Needs a therapeutic source to be able to eat or drink. - Score 2
d. Needs reminding or encouraging to eat or drink. - Score 4
e. Needs physical help to be able to manage a therapeutic source to take nutrition. - Score 6
f. Cannot get food and drink to their mouth and needs another person to do so. Score 10

Activity 3. Managing therapy or monitoring a health condition

a. Can manage medication or therapy and monitor their health condition without help. Score 0
b. Needs to use an aid or appliance to be able to manage their medication; or needs supervision to help them stay safe, or reminding or encouraging, or physical help to manage their medication or monitor a health condition. - Score 1
c. Needs supervision to help them stay safe, or reminding or encouraging, or physical help to be able to manage therapy that takes no more than 3.5 hours a week. - Score 2
d. Needs supervision to help them stay safe, or reminding or encouraging, or physical help to be able to manage therapy that takes more than 3.5 but no more than 7 hours a week. - Score 4
e. Needs supervision to help them stay safe, or reminding or encouraging, or physical help to be able to manage therapy that takes more than 7 but no more than 14 hours a week. - Score 6
f. Needs supervision to help them stay safe, or reminding or encouraging, or physical help to be able to manage therapy that takes more than 14 hours a week- Score 8

Activity 4. Washing and bathing

a. Can wash and bathe unaided. - Score 0
b. Needs to use an aid or appliance to be able to wash or bathe. - Score 2
c. Needs supervision, reminding, encouraging, or reassuring to be able to wash or bathe. - Score 2
d. Needs physical help to be able to wash either their hair or body below the waist. - Score 2
e. Needs physical help to be able to get in or out of a bath or shower. - Score 3

f. Needs physical help to be able to wash their body between the shoulders and waist. - Score 4
g. Cannot wash and bathe at all and needs another person to wash their entire body. - Score 8

Activity 5. Managing toilet needs or incontinence

a. Can manage toilet needs or incontinence unaided. - Score 0
b. Needs to use an aid or appliance to be able to manage toilet needs or incontinence. - Score 2
c. Needs supervision to help them stay safe or reminding or encouraging to be able to manage toilet needs. - Score 2
d. Needs physical help to be able to manage toilet needs. - Score 4
e. Needs physical help to be able to manage incontinence of either bladder or bowel. - Score 6
f. Need physical help to be able to manage incontinence of both bladder and bowel. - Score 8

Activity 6. Dressing and undressing

a. Can dress and undress unaided. - Score 0
b. Needs to use an aid or appliance to be able to dress or undress. - Score 2
c. Needs reminding or encouraging to be able to dress, undress or not undress inappropriately, or needs reminding or encouraging, or physical help to be able to choose appropriate clothing. - Score 2
d. Needs physical help to be able to dress or undress their lower body. - Score 2
e. Needs physical help to be able to dress or undress their upper body. - Score 4
f. Cannot dress or undress at all. Score 8

Activity 7. Communicating verbally

a. Can express and understand verbal information unaided. - Score 0
b. Needs to use an aid or appliance to be able to speak or hear. - Score 2
c. Needs need help from someone trained or experienced in helping them to be able to express or understand complex verbal information. - Score 4
d. Needs help from someone trained or experienced in helping them to be able to express or understand basic verbal information. - Score 8
e. Cannot express or understand verbal information at all even with help from someone trained or experienced in helping them. - Score 12

Activity 8. Reading and understanding signs, symbols, and words

a. Can read and understand basic and complex written information either unaided or using glasses or contact lenses. – Score 0
b. Needs to use an aid or appliance, other than glasses or contact lenses, to be able to read or understand either basic or complex written information. - Score 2
c. Needs reminding, encouraging, or reassuring to be able to read or understand complex written information. - Score 2
d. Needs reminding, encouraging, or reassuring to be able to read or understand basic written information. - Score 4
e. Cannot read or understand signs, symbols, or words at all. - Score 8

Activity 9. Engaging with other people face to face

a. Can engage with other people without help from an aid or appliance or a person. - Score 0
b. Needs reminding, encouraging, or reassuring to be able to engage with other people. - Score 2
c. Needs help from someone trained or experienced in helping them to be able to engage with other people. - Score 4
d. Cannot engage with other people because it either makes them feel so anxious or distressed that they cannot function, or because it causes them to behave dangerously, and either they or another person might get hurt. - Score 8

Activity 10. Making budgeting decisions.

a. Can manage complex budgeting decisions without help from an aid or appliance or a person. – Score 0
b. Needs reminding, encouraging, or reassuring, or physical help to be able to make complex budgeting decisions. - Score 2
c. Needs reminding, encouraging, or reassuring, or physical help to be able to make simple budgeting decisions. - Score 4
d. Cannot make any budgeting decisions at all. - Score 6

Mobility activities and descriptors

Activity 1. Planning and following journeys.

a. Can plan and follow the route of a journey without help from an aid or appliance or a person. - Score 0
b. Needs reminding, encouraging, or reassuring to be able to undertake any journey to avoid it making them feel so anxious or distressed that they cannot function. - Score 4
c. Cannot plan the route of a journey - Score 8
d. Cannot follow the route of an unfamiliar journey without another person, assistance dog, or orientation aid. - Score 10
e. Cannot undertake any journey because it would make them feel so anxious or distressed that they cannot function. - Score 10
f. Cannot follow the route of a familiar journey without another person, an assistance dog, or an orientation aid- Score 12

Activity 2. Moving around.

a. Can walk more than 200 metres, either aided or unaided. - Score 0
b. Can walk more than 50 metres but no more than 200 metres, either aided or unaided. - Score 4
c. Can walk unaided more than 20 metres but no more than 50 metres. - Score 8
d. Can walk using an aid or appliance more than 20 metres but no more than 50 metres. - Score 10
e. Can walk more than 1 metre but no more than 20 metres, either aided or unaided. - Score 12
f. Cannot, either aided or unaided, (i) stand; or (ii) move more than 1 metre. - Score 12

We have simplified the wording of the descriptors to make this page easier to use. If you prefer, you can find the exact wording of the legislative tests on pipinfo.net.

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Read all the evidence through - does it support your case? If it does not, you don't have to send it to the panel (but if they ask if you had any evidence that you didn't send them, you have to tell the truth). If you do not think the evidence is useful it may be worth going back to the person who wrote it and discussing it with them. Is there anything they can add or change?

If you have useful evidence, upload a photo of it using the Manage your appeal service or photocopy it and send it to HMCTS before your hearing. Send it as soon as you can and always take paper copies with you on the day.

Sending the evidence in advance is useful because it increases the chance of the DWP changing the decision in your favour before your appeal reaches a hearing. It also gives the tribunal time to consider if your evidence helps your appeal. Sometimes, this could even mean that you do not have to have a hearing.

Paperwork can get lost so on the day, ask the clerk if the panel has your evidence. If not, the clerk will give the panel your copies of your evidence before your hearing starts. If you only remember about your evidence when the hearing has started, you can still ask the tribunal to look at it. The panel may need to pause the hearing quickly to decide if they can accept it.

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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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