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Your legal rights if DWP rejects PIP claim – 13 month rule and how many win appeal

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If your PIP claim is rejected by the DWP, you have a number of rights – but many do not use them

Millions of people submit benefit claims every year across the UK. A government assessment conducted last year revealed that 24.3 million people were claiming some form of DWP benefits as of August 2025.

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Of these, 10 million were of working age, with 860,000 aged under 16. A further 13.4 million were of State Pension age.

Managing the benefits system is something people must deal with on a daily basis – yet it can prove challenging. And applicants do not always achieve success with their submissions.

For example, during 2023-24, of the 721,100 claimants who submitted a PIP (Personal Independence Payment) claim to the DWP (Department for Work and Pensions), 332,800 – approximately 46% – were turned down by the benefits department. It is possible to challenge such benefit decisions – but many do not.

According to the Benefits and Work website, there are two key points to remember. Firstly, when it comes to PIP appeal tribunals, your likelihood of success is high – provided you reach that stage. During the three months to July 2023, 68% of all PIP appeals were successful for the claimant.

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However, the site warns: “But most people never make it to a hearing. Because, before you can lodge an appeal, you have to ask the DWP to look at its own decision again. It’s a process called a mandatory reconsideration.”

This extra step was implemented by the DWP specifically to cut the number of appeals, and the site says it has proved remarkably effective in doing so. Just 20% of mandatory reconsiderations led to an increased award in April 2025.

And even then, many of these increased awards remain below what the claimant is rightfully owed. However, 65% of claimants abandon their case following mandatory reconsideration and therefore never present their evidence to an independent tribunal.

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Among those who did proceed to a tribunal appeal in the three months to March 2025, 66% achieved a favourable outcome. According to gov.uk, if you dispute a decision regarding benefits or child maintenance you can request the decision be reviewed again — this is known as ‘mandatory reconsideration’.

There is no charge for requesting mandatory reconsideration. You can request mandatory reconsideration if any of the following circumstances apply: you believe the office handling your claim has made a mistake or overlooked crucial evidence; you disagree with the reasoning behind the decision; you wish to have the decision reviewed again.

The site states: “Some decisions cannot be reconsidered. Others can go straight to an appeal. Your original decision letter will say if this applies to you.”

How long do PIP appeal decision take?

Speaking in July this year in response to a question from an MP, Sir Stephen Timms, Minister of State (Ministry of Housing Communities and Local Government) (Equalities) at the DWP, said: “The mean and median waiting time between a Personal Independence Payment (PIP) appeal being lodged and the Department submitting its response to HM Courts and Tribunals Service (HMCTS), for initial clearances and award review clearances in the calendar year 2025, was 5 weeks.

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“The Department does not hold data on when a tribunal hearing date is set. This information is in the domain of HMCTS. We are increasing resources available for writing appeal responses by redeploying staff and making overtime available.

“We are also looking to make appeal writing more efficient by improving the programme that decision makers use. The improved tool will integrate better with other DWP computer systems, which will make it faster and easier to use than the current process.

We will continue working to make the right decision as early as possible in the claim journey so people get the support they are entitled to without needing to appeal.”

What about the one-month rule?

Gov.uk states you typically must request mandatory reconsideration within one month from the date of the decision. You can request it beyond one month if you have valid grounds, for instance if you have been hospitalised or experienced a bereavement.

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Yet there is more to it than that, campaigners argue. Citizens Advice says your benefit decision letter must inform you of the timeframe you have to request the decision be reviewed again. If you are claiming Universal Credit, you may receive a message in your online account rather than a letter.

The site says: “For most benefits, you should ask within 1 month from the date the original decision was sent to you. For tax credits, you should ask within 30 days of the date of the decision.

“It’s still worth asking for mandatory reconsideration. Try to get it to the DWP or HMRC within 13 months of the date they sent you their decision.”

The site says you will need to give a good reason for why you didn’t ask for mandatory reconsideration in time. For example, because you’d spent some time in hospital. The longer it is since the deadline, the stronger your reason will need to be. You’ll need to write to the DWP or HMRC to explain why you didn’t ask on time.

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You can send a letter to the address on your decision letter or write a message in your Universal Credit online account, if the decision is about Universal Credit. It notes: “The DWP or HMRC can refuse your application if it’s late, but as long as you applied within 13 months you can usually still appeal that decision at a tribunal.”

Beyond that 13-month limit, the decision may still be revised if the law was incorrectly applied, an error was made during calculation, or some of your evidence was overlooked.

If you are dissatisfied with a benefit decision, you have the right to challenge it. To do so, you must request that the Department for Work and Pensions (DWP) or HM Revenue and Customs (HMRC) review their decision.

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You are generally required to seek a mandatory reconsideration and receive a decision before you can appeal to a tribunal.

How to appeal a PIP decision, and what PIP is

You can find out more information about appealing a benefit decision on the government’s dedicated web page on the issue. Personal Independence Payment (PIP) is a government benefit that can help people with extra living costs if they have both a long-term physical or mental health condition or disability and difficulty doing certain everyday tasks or getting around because of their condition.

The government says you can get PIP even if you’re working, have savings or are getting most other benefits. There are 2 parts to PIP that offer different rates. There is a daily living part – if you need help with everyday tasks – and a mobility part – if you need help with getting around. The government guidance says that whether you get one or both parts, and indeed how much you get, “depends on how difficult you find everyday tasks and getting around.”

For more on PIP, see the government web page on the subject.

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