Upper Tribunal PIP Appeal: Statement of Reasons and Next Steps After Losing

Your options after losing at tribunal

If the First-tier Tribunal dismisses your PIP appeal, the decision is binding unless you can show the panel made an error of law. You cannot simply ask for a second hearing because you disagree with the outcome — the Upper Tribunal only considers legal errors, not disagreements about the weight of evidence.

Your immediate options are:

1. Request a Statement of Reasons from the First-tier Tribunal.
2. Apply to set aside the decision if there was a procedural error (such as not receiving the hearing notice).
3. Apply for permission to appeal to the Upper Tribunal.
4. Make a fresh PIP claim if your condition has changed since the decision date.

These are not mutually exclusive, but the first step — getting written reasons — is essential before you can identify whether a legal error occurred.

Requesting a Statement of Reasons

Under Rule 34 of the tribunal procedure rules, you can request a full written Statement of Reasons within one calendar month of the date the decision notice was sent to you. The request must be in writing. If you applied for permission to appeal before receiving written reasons, Rule 38(7) allows that application to be treated as a request for the statement.

The Statement of Reasons sets out the panel's findings of fact, the law they applied, and how they reached their decision. Read it carefully — this document is where errors of law become visible.

What counts as an error of law

An appeal to the Upper Tribunal must be based on an error of law. This is a higher bar than "the tribunal got it wrong." Errors of law include:

• Misinterpreting or misapplying the law — for example, failing to apply the four reliability criteria under Regulation 4(2A) of the PIP Regulations 2013 (safely, repeatedly, to an acceptable standard, within a reasonable time) when assessing a descriptor.
• Making a decision with no supporting evidence — finding a fact that nothing in the bundle or oral evidence supports.
• Failing to give adequate reasons — the Statement of Reasons does not explain why the panel preferred one piece of evidence over another, or does not address a key argument you made.
• A material procedural error — for example, refusing to admit evidence without proper justification, or not giving you a fair opportunity to present your case.

Disagreeing with the panel's assessment of your credibility, or thinking they should have scored a descriptor differently on the same evidence, is not usually an error of law.

Applying for permission to appeal

To appeal to the Upper Tribunal, you must first apply to the First-tier Tribunal for permission under Rule 38. The application must be made within one calendar month after the latest applicable date listed in Rule 38(3) — this typically runs from when the tribunal sent you the Statement of Reasons. Identify the specific error of law and explain why it affected the outcome.

If the First-tier Tribunal refuses permission, you can apply directly to the Upper Tribunal (Administrative Appeals Chamber) within one month of the refusal notice, using Form UT1.

Setting aside a decision

If you did not attend the hearing due to circumstances beyond your control — you were in hospital, you did not receive the hearing notice, there was a venue emergency — you can apply under Rule 37 to have the decision set aside and a fresh hearing listed. The application must be made within one month of when the tribunal sent notice of its decision.

A set-aside is not the same as an appeal. It does not argue the decision was legally wrong — it argues the process was unfair because you could not participate.

Should you get legal advice?

Upper Tribunal appeals involve technical legal argument. If you believe the First-tier Tribunal made an error of law, getting advice from a welfare rights solicitor, a Law Centre, or a specialist adviser is strongly recommended before proceeding. Legal Help (a form of publicly funded legal advice) may be available for Upper Tribunal cases depending on your financial circumstances.

The PIP Tribunal Appeals guide includes a post-decision flowchart covering the Statement of Reasons, set-aside, and Upper Tribunal routes — practical guidance on the deadlines and steps so you can act within time.

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