PIP Paper Appeal

I'm sorry that the decision went against your son You now have 1 month from the date of the decision in which to ask the Tribunal Service for a 'Statement of Reasons' explaining why they made this decision. This usually takes several months to arrive.

You would then have a further month in which to claim there was an 'Error of Law' (face to face advice is very helpful here) and ask to take this to the Upper Tier Tribunal. This can take some months and the best outcome would probably be for the Upper Tier to send this back to a First Tier Tribunal with instructions regarding the error.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

This whole process can take upwards of a year and your son would not get any PIP while this is going on. That is why we suggest reapplying now. The possible drawback is that the new decision would supersede the tribunal decision. For instance, say the Tribunal eventually awarded PIP but the new decision didn't - in this case the PIP would be backdated to the date of the original claim but would stop at the date of the more recent decision.

I must point out that it is not common for an Error of Law to be found. For most people. an unfavourable appeal is the end of the line for this claim.