The claim by the DWP that they lose 70% of PIP appeals mainly because the claimant produces new evidence at their hearing has been proved to be untrue.  According to the DWP’s own statistics,  59% of appeals are won by the claimant because the tribunal reached a different conclusion based on the same facts, with new written evidence making a difference in just 1% of cases.

The statistics were revealed in answer to a parliamentary question asked earlier this month.

They show that in 2021 the reasons that claimants won their PIP appeal were:

New written evidence provided at the hearing:  1%

Cogent oral evidence:  32%

Reached a different conclusion on substantially the same facts:  59%

Other:  7%

Cogent oral evidence does not suggest new evidence. Instead it suggests that the tribunal asked detailed questions and the claimant was able to answer them in a way that was detailed, consistent and credible.

So, in 91% of cases the claimant won without any new evidence being provided. 

And in just a tiny 1% of cases was it new written evidence, for example a medical report, that swung the outcome.

What this suggests is that making sure you give the most detailed evidence possible in your claim form, which the appeal panel will have a copy of, and giving oral evidence that is consistent with what you have written will be very persuasive for tribunals.  This will apply not just to PIP, but to other benefits related to health conditions, such as DLA, ESA and UC for people unable to work

If you have prepared well for the hearing, in terms of knowing what is going to happen, what kinds of questions you are likely to be asked and the importance of being clear, accurate and to the point in your answers then you have an exceedingly good chance of getting the correct award.

Given the difficulty most claimants have in getting new medical evidence, this should be very reassuring information.

You can read the full answer on the parliament website.

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  • Thank you for your comment. Comments are moderated before being published.
    Is there hope in the system? · 7 days ago
    Well if it makes anyone feel better, I sent half empty documents because I was too sick & needed help & didn’t have the ability to get it, gone through hell in life because they sent back letters proclaiming I said things I didn’t because I wasn’t able …. A clear indicator their system is fraudulent because that’s an evidential lie right there, plain as daylight. I got depressed fell into abusive situations as a consequence of disability & no access to the finance I needed & support. - Nice one gov . Corrupt system & charity’s that never did anything just told me I wouldn’t get help- unbelievably invalidating considering I provided witness statements & medical evidence. It upset me for years how discriminatory, ableist & depressing the whole ordeal. I almost lost hope in living altogether but I feel that’s what they want. It’s negligence beyond anything I could have ever imagined. The most horrible thing to ever go through & be treated as invisible. 
    Just know that’s their job to treat you badly it’s expected of them to not care unless you are lucky. It’s criminal in terms of their rules & law.
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    name · 1 months ago
    I was literally denied pip because I walked into the office and study at a university, proving that I'm highly motivated and can move around with ease
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    frustrated · 3 months ago
    zero points! living with muscularskeletal problems that have gotten worse expedentially over the last year.  dwp didn't contact my gp. assessor has lied and twisted "in my opinion" comments.  telephone calls do NOT see how you really are and the DWP are NOT medically trained! they are just telesales!
  • Thank you for your comment. Comments are moderated before being published.
    Sharon · 6 months ago
    I had my pip stopped because I was deemed as not disabled enough after a telephone assessment.  My conditions have got worse since my initial claim but they were not interested.  I filled in all paperwork to take to tribunal, I have now received a phone call saying that I will now be rewarded PIP again if I don't take to tribunal!!
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    Ruthie · 7 months ago
    Would just like to add to my post below, by 'Appeal' I mean a Face to Face Tribunal.  Thanks.
  • Thank you for your comment. Comments are moderated before being published.
    Ruthie · 7 months ago
    My son has MS and relies on me for day to day living (buying food, providing shelter, cooking food etc).  He is exhausted ALL the time, but does hold down a part time job at a bar for which he is provided with a stool to sit on.  Even then he has to finish early due to exhaustion and takes to his room the rest of the time.  He suffers from periods of brain fog and is on huge amounts of medication to try and control his spasms and hypertension - which he also suffers from.  He has been denied PIP twice, interviews for which were conducted via telephone.  The last time he broke down in tears as he is now finding he cannot cope mentally with his illness.  He scored 0... ZERO!
    We went to our MP who was very sympathetic, and felt a 'face to face' Appeal would help, so we took that route.  However, today we received a massive amount of paperwork from DWP which came to the conclusion that they advised the Appeal be dropped!!    How can they do this?  They are Judge, Jury and Executioner because they don't want the Appeal against their decision to go ahead and have recommended  to the Appeals 'committee' that it does NOT go ahead.  How can an independent Appeal be denied by the very people (DWP) who denied you PIP in the first place?
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    Iain · 10 months ago
    My PIP Award was stopped after a telephone review in April 2023. Mandatory Reconsideration Notice remained the same, so I am now going to Tribunal. I feel that I have been lied to as inthe report DWP claim that my Medical Evidence shows my conditions have improved, neither my GP or myself provided any. My Award was extended in January 2023 until January 2024, so the review in April came as a surprise. I am wondering if because a friend of mine enquiring about Carers Allowance may have triggered something? Since my original Award I have been diagnosed as Type 1 Diabetic which requires constant monitoring and 5+ injections a day, whilst my other conditions have not improved, if anything my anxiety and depression are far worse - especially since the stop of my benefit- and has meant a change in medication. I also made a new claim for PIP on the day it was stopped mainly due to the fact that I have read online that many people have been waiting along time for a Tribunal. I have a Face to Face interview next week and have gathered as much Medical Evidence as I can - GP has also told me that it should be asked for by DWP, not sure who to rely upon? - I have also made an online request to DWP for records and information about my original Award as I am not sure how many points I was given for each component? 
    I was beginning to lead a more settled life and started to see my family more, but since the stopping of PIP I have become more reclusive, not eating properly or managing my diabetes. That extra bit of money helped pay for additional support. I live in a shared house with 2 other people with similar health needs and have some support from the agency that runs the house - Housing Dilemmas- during office hours, but if anything support is needed outside of the working day more.
    Have DWP changed the Goal Posts since 2019? I have always been told that it is not about your conditions or medication that gives you PIP, that is more about how your problems affect your daily life and what support you need. I have lots of different pains that prevent me fromgetting about easily, but my GP will not prescribe any pain relief, so most days I have to reschedule appointments etc until I feel I can cope. I have hearing loss and struggle with communicating with so many different people, I gat frustrated because of this and people that are unaware see me as ignorant and rude. DWP stated in my MRN that I appeared calm and capable, although I sat beside my friend during the phone call who recalls me being anxious, stuttering and repeatedly asking for the interviewer to repeat themselves. Should I record any future interviews and is it possible that DWP keep recordings? I guess a typed transcript would not reflect any difficulties in conversation?
    Thanks to anybody that takes the time to read this, if anything I find it relieving to type about my experiences as some peopleget fed up with my gripes about DWP and PIP having not had problems themselves.
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      Roy · 4 months ago
      @Iain Iain, your case and my case have many similarities, my condition had further declined, I appealed the original decision, and got my DLA reinstated, however as my mobility was the bigger concern, I further appealed. I asked for a face to face assessment, what I actually got was a tribunal hearing (face to face), which meant they had bypassed my 2nd mandatory appeal and went straight to court at the end of January.

      I was concerned that I hadn't had a face to face consultation, regarding the assessment of my deteriorating mobility. I spoke to tribunal services, explaining my situation, and I didn't want to waste their time or mine, going to court before I had been properly assessed (face to face).
      I mentioned this to the judge, at which point he said "please don't worry" ....
      The panel asked their questions, and decided they would award my appeal, and subsequently had it back dated, hoping the whole PIP thing will be put to bed by Valentine's day...😉🤗...
      The DWP had a 4 weeks appeal period, which has now lapsed, but still feel in limbo until I see all in print.... So frustrating that all my support network could see my difficulties, yet DWP didn't seem it necessary for a face to face consultation, but with a stroke of a pen, can reduced my income by several hundred pounds per mth.
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    Dorothy · 1 years ago
    I went to court today tribunal for pip as we were waiting for the appeal to be heard my case was adjourned due to the DWP lost my paperwork evidence so now I have to have a new court date 
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    Lisa · 1 years ago
    I had app for assessment .I'm terminally ill lung fibrosis .COPD & other thing .it's causing me to sleep least 80% of my life away .on assessment it was a call app .to be honest I wasn't sure what information I needed.so I had all my paperwork in front of me.but she asked me the dose of a medication.i didn't know .so I was panicking looking through paperwork.she said how about I rebook Ur app .give u chance to get what u need  .but also have someone else to help and support you.i said no pls just give me few minutes.she said don't worry it won't effect your claim.ill just rebook for you .
    So I get a letter saying if I don't give u good enough reason why I didn't attend.comply and why didn't contact them to make a new appointment they would stop my claim .my claim started Nov 20
    21 so a decent back dated ammount
    .I
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    Matthew · 1 years ago
    Having worked in this system as a presenting officer for two years and as a tribunal representative for the last four, I have arrived at the firm, if unsurprising, conclusion that the failings in the decision making and appeals process are ultimately rooted in politics.  

    Assessments are a fig leaf which allows the government to say to people conditioned to believe that welfare support is a handout given to lying scroungers, that claimants are not being permitted to mark their own homework.  It is absurd to think that the impairments that arise from acute, chronic, often complex conditions, can be fully divined by an assessment (which for the last two years has been conducted by telephone or video) undertaken by a physiotherapist or paramedic, yet they persist in maintaining that they are capable of doing so.  

    Whilst obviously conceptually different, if medico legal reports used in personal injury claims were prepared by such individuals, the legal profession would be in uproar.  Legal support for people going through this process however, is deemed to be a luxury society cannot afford.

    Thereafter, the failsafe that ought to preclude these retrograde assessments from simply being converted into decisions i.e. operational independence from decision makers fails utterly.  They are not encouraged, empowered or equipped to challenge assessment reports and when faced with a report and a claimant's questionnaire, they will lazily choose the assessment report because, as the Upper Tribunal described the DWP's attitude to it, 'it is seen as independent and not self serving'.  This is fundamentally an issue of training and bias within The Civil Service but the responsibility for addressing these failings lies with the Secretary of State.

    The legislative framework surrounding PIP is far from perfect; even more so in the case of the work capability assessment, but fundamentally it is how decisions are made rather than the law which produces such unfair outcomes.  This excellent question and the candid response confirm that once a lawyer who applies the law correctly and a more experienced, more knowledgeable clinician hear directly from the claimant, the process achieves the right outcome much more frequently than when the DWP decide claims for no other reason than it is a better process.  The first step the government should undertake is scrapping mandatory reconsiderations for many of the principal benefits.
    • Thank you for your comment. Comments are moderated before being published.
      Michelle H · 1 years ago
      @Matthew Fully agree. I had a paramedic for my assessment who had little to no understanding of my condition (I have myalgic encephalomyelitis) She described my condition as “just being tired” and did not know why I often have cognitive issues (even though my GP had written a supporting letter confirming diagnosis and some of the issues it caused) 

      I am now awaiting a tribunal date and i feel it’s all because of the assessors lack of knowledge. To make matters worse, I received a letter last week from PIP asking for evidence of cognitive issues if I wish to receive large print letters again, which makes me feel that they are deliberately putting barriers up to make me worse. 

      The report itself contained so many factual inaccuracies. Stress is one of the things that makes my symptoms stronger so by the time I try to explain anything to them, my mind is not allowing my mouth to make it make sense. I’m in so much pain right now and have thought about giving up but my GP feels strongly that I am entitled and therefore should continue. 

      On the other side, I recently had a WCA and the assessor had a very good understanding of ME/CFS. I have all the same evidence that I had given to PIP and two days after said assessment, I was awarded LCWRA! Because of the experience with the PIP process, I honestly believe I would have to fight for this too! They make you feel like you’re doing something wrong and it shouldn’t be like that. 

      (Apologies for going on, it’s a stressful time. Also apologies if this doesn’t make sense. It takes me a while to get words out)
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    Kota · 1 years ago
    The assessors should be fined for each case that goes to tribunal and they loose for failure to complete an accurate assessment.  Suddenly they would start reading and applying the rules correctly.   Additionally if someone has to be a tribunal every three years (new claim renewal) there should be additional fines along with compensation to the claimant for stress, emotional and physical effects along with a repeat experience of tribunal process.

    The cost effect would suddenly make the system work better and fairer.  But we all know that the change from dla to pip was all part of the demonisation of the disabled minority.   Because according to many Tory politicians and the associated press we are all fakers and fraudelant claimers.
  • Thank you for your comment. Comments are moderated before being published.
    Kimberley · 1 years ago
    I hate having assessments it's so stressful thank god I have a friend who use to be a nurse helps me other wise I never know what to say 
  • Thank you for your comment. Comments are moderated before being published.
    Marcel · 1 years ago
    Until such times that assessors face a financial penalty for claims denied then approved at any appeal stage people will always left at a disadvantage.
  • Thank you for your comment. Comments are moderated before being published.
    Sally C · 1 years ago
    I’ve been through multiple claims since 2015. Have had to appeal every single time despite legal help with firms by a targeted charity. Even they were shocked as were Mental Health support staff I took to one tribunal with me. Treatment I had by dwp and at tribunal was bullying and total lies. I was even threatened by tribunal staff and this page recommended I dropped my claim even though they did not fully understand my case. However I did not give up snd had a next tribunal which consisted of different panellists. I won my award. I have had my words twisted, have had words removed from sentences I used which left completely different meaning on the page. These decision makers are immoral and commit fraud in my opinion. I have a multitude of health issues including one rarely diagnosed and only recently is there detailed info ( after 2018) the DWP used very outdated info despite all new criteria published in 2017. My latest claim took 18 months for a decision and was eventually read on paper tribunal which found in my favour. I truly believe if DWP was fined for each wrong decision once proven, so that the costs were prohibitive they would learn finally to get it right first time. My GP and all consultants are 100% behind me yet their voices/opinions have never been sought. There is no medical need to check in with all my specialists so I dread to think about my next claim. I have been victimised and I feel targeted. I think I know why: my 2nd claim I had been entitled to carers allowance as my daughter has same genetic disease as I have and I had been looking after her. So for a time I had received both pip and carers. I ended my claim to carers when I had got considerably worse and had to hand the caring over to a friend and also have care for myself. I believe this led to DWP marking me as ? Over claiming??, and hence all the struggles I have had when others sail through. 
    I have always told 100% the truth yet the treatment of me has caused considerable damage & with lasting issues. Complex ptsd, suicidal feelings anxiety and social agoraphobia. 
  • Thank you for your comment. Comments are moderated before being published.
    anna · 1 years ago
    i am awaiting a date for my appeal. months after i was told it would be by phone , it's now face to face and medical records and doubts over my capability to drive have recently been raised in the last month. i dont sleep at night , am signed off with stress and anxiety , prescribed anti depressants. i did my recon in july 2021 ! just hope they'll either give me a date soon or dismiss it. it's too much being stuck in limbo waiting for more brown envelopes to arrive with more demands. i'm petrified at the thought of being questioned in court. 
    • Thank you for your comment. Comments are moderated before being published.
      Shabob1 · 1 years ago
      @anna I was petrified that after waiting for about 17 months I decided to ask for a decision without me being there son a decision on paper. I won my appeal and was so relieved I didn't have to go in person. That might be worth a try. 
  • Thank you for your comment. Comments are moderated before being published.
    Mollie · 1 years ago
    This ties in exactly with what a tribunal judge said several years ago "that about 60% of appeals had not been fairly assessed by the DWP and claimants had been given the wrong award or none at all. The tribunal judges should do what mine did for ESA. Sent the lot back to the DWP "so they could do their job properly". 
  • Thank you for your comment. Comments are moderated before being published.
    Jake70 · 1 years ago
    The rubbish the DWP comes up with is astonishing. In my experience, they tend to take note of the actual Assessors Report and hardly if ever study the questionnaire accurately. I had to appeal the decision arrived at and won more than I realised in the end. I wrote to Atos who carried out my assessment because it had been recorded and the result of the recording didn't match the one I had made. Atos, after studying my version realised that the assessors' report was not accurate. Atos actually changed it and sent the revised report to DWP. Within 2 weeks my benefits had been restored, then doubled after the DWP looked at my case again. Fight!!
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    Mark Mallinson · 1 years ago
    Hi read your article and even though my case has been to tribunal and an adjournment order done and submitted prior to hearing more evidence DWP still not acknowledging adjournment order and have said that all evidence has “Made NO DIFFERENCE “ at all. This all I believe stems from the so called LEAP REVIEW which wasn’t done according to 623 pages of evidence the DWP sent me. This case has caused me so much difficulty on top of the difficulties I have in my life I can understand why people give up on the appeals process 
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    Benny · 1 years ago
    Bit disingenuous for the DWP to make such claims about new evidence. I felt it necessary to clarify the things they had obviously misunderstood, or ignored, in my original claim. I had extra support in place for the appeal. It should not have been needed if they'd done their job properly in the first place.  
  • Thank you for your comment. Comments are moderated before being published.
    Colin · 1 years ago
    Said it all those times myself going back since 1998. Before computers scoring was even worse. They take one look at you arriving and they have made up there mind already. You are so nicely to them through pain and discomfort yet when the results come in from the letter box it seems they have the wrong person. You can't look to disagree with the medical examination professional at all. Many appeals won throughout 24 years mainly by lies from the DWP Disability Assessor. One example was arriving outside and was seen getting out of car then Run up the stairs on arrival. Totally lies as with more of my Answers on the final papers Back to the entrance answer there was no stairs just a RAMP. 

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