Appeal a PIP Refusal with Mandatory Reconsideration

What Is Mandatory Reconsideration?

Mandatory Reconsideration is a free review of the DWP's decision to refuse or reduce your PIP award. A different decision-maker looks at your case again and can change the original decision. It is the first step of appealing - you must request it before you can go to tribunal (court). There is no fee and no risk of losing money if you appeal.

The DWP makes mistakes. They may have misunderstood your medical condition, not weighted your evidence properly, or applied the law incorrectly. Mandatory Reconsideration gives you the chance to point this out to someone new.

Your Legal Rights

Welfare Reform Act 2012

Sets out the rules for Personal Independence Payment (PIP). Eligibility is based on physical or mental health conditions that substantially limit daily living and mobility activities. The decision must follow the law exactly.

Social Security Act 1998

Creates the right to Mandatory Reconsideration and tribunal appeal. You cannot skip Mandatory Reconsideration - it is a legal requirement before going to tribunal.

Procedure Rules

The DWP must acknowledge your Mandatory Reconsideration request within 3 working days and issue a new decision within 1-2 months. If they refuse again, you can appeal to the First-tier Tribunal.

Step-by-Step: How to Request Mandatory Reconsideration

1. Get your decision letter: Find the letter where the DWP refused or reduced your PIP. Check the date - you have exactly one month from this date to appeal.
2. Write a Mandatory Reconsideration request: Use the form MR1 (available on the DWP website) or write a letter to the address on your decision letter. State clearly: "I request Mandatory Reconsideration of decision reference [your ref]" and explain why the decision is wrong in 1-2 paragraphs.
3. Include new evidence: Add medical reports, letters from your doctor or specialist, evidence of good/bad days, photos (if relevant), and witness statements from family/carers who see how your condition affects you.
4. Send by deadline: Post it or email before the one-month deadline. Keep a copy and proof of posting. Missing the deadline loses your right to Mandatory Reconsideration - you can only ask for an exception if you have a very good reason (illness, bereavement, etc.).
5. Wait for response: The DWP will acknowledge within 3 working days and send a new decision within 1-2 months.
6. If refused again: You can appeal to the First-tier Tribunal. Send the appeal form within one month of the second decision.

Critical Deadlines and "Out of Time" Rules

You have exactly one month from the date of the decision letter to request Mandatory Reconsideration. If the decision says "1 September 2025," your deadline is 30 September 2025. After that, you cannot appeal unless you have exceptional circumstances (illness prevented you from requesting it, letter went missing, etc.). If you miss the deadline, contact the DWP immediately and explain why - they may accept it as "out of time" but this is rare.

Where to Appeal If Mandatory Reconsideration Fails

If the DWP refuses again after Mandatory Reconsideration, you appeal to the First-tier Tribunal (Social Entitlement Chamber). This is a court hearing where you present your case to a judge. You can represent yourself or ask a solicitor/advice worker to help. The tribunal can award back pay and increase your award from the original decision date.

Do You Need a Solicitor?

For Mandatory Reconsideration, you do not need a solicitor - write the letter yourself using BenefitsFight's template. However, if you go to tribunal, legal help from an advice centre or solicitor can be valuable. Many advice charities offer free tribunal representation (Age UK, Scope, Citizens Advice, local welfare rights services).