Appealing a benefits decision

You might want to appeal the decision if:

• your claim is turned down
• you will get less money than you thought
• your claim review date is too soon

A statement of reasons explains how the DWP came to the decision. 

Call the DWP and ask for a “written statement of reasons”. If a telephone call would not be accessible to you, email them to:

• ask for a written statement of reasons
• say why you need to communicate by email as a reasonable adjustment

You can then ask the DWP to reconsider their decision. This is called a mandatory reconsideration. If you were still unhappy with the decision, then you would appeal.

An adviser could tell you if you could benefit from challenging a decision.

If you need free benefits advice or support in person:

Find an adviser (Advicelocal)

Find a local benefits adviser (Turn2us)

If your condition changes, you can report a change of circumstances instead of appealing the decision. The DWP will usually review your claim and send you a review form. Your benefits could go up or down.

The benefit process can be stressful. There are things you can do if it is affecting your mental health. These can include:

• accessing mental health support
• talking to a mental health charity about how you are feeling
• talking to other disabled people on our online community

Support if claiming benefits affects your mental health

If your mental health means you find it hard to work or do daily tasks, you could claim benefits. These will depend on the criteria but can include depression or anxiety.

Benefits and mental health

Each benefit is different. What happens to your payments can also depend on your circumstances.

To find out what might happen to your benefits if you appeal the decision, you can contact:

• the DWP
• a benefits adviser (Advicelocal)
• a local benefits adviser (Turn2us)
• the Scope helpline

Help with bills and debt

If you are getting less money, you might be entitled to support. This can include benefits and grants.

Help with your energy bills

Discount on water bills and help with debt

Disability grants

There is also support if you are in debt.

Budgeting tips

Help with debt

The first stage of appealing a DWP decision is mandatory reconsideration.

Benefits that have mandatory reconsideration include:

• Personal Independence Payment (PIP)
• Disability Living Allowance (DLA)
• Attendance Allowance (AA)
• Employment and Support Allowance (ESA), including contribution, income-related and new style
• Universal Credit (UC)
• Carer’s Allowance (CA)
• Pension Credit

Challenge a benefit decision (mandatory reconsideration) (GOV.UK)

One-month deadline

If you want to appeal a benefit decision, you have a calendar month from the date on your decision letter to ask the DWP for a mandatory reconsideration.

For example: Your decision letter from DWP has a date of 1 September. This means that your deadline is 1 October.

If you think your letter will not get to the DWP in time, let them know. The telephone number will be on your decision letter.

If you miss the deadline

If you miss the one-month deadline, you can still ask the DWP to reconsider, as long as it is within 13 months of the date on your decision letter.

You must have a good reason for missing the deadline. Reasons include:

• a benefits adviser gave you the wrong information
• you were caring for someone who is ill
• you have been mentally or physically unwell

In some circumstances, DWP will reconsider a decision after 13 months. 

Get support with mandatory reconsideration

You can get support from:

• Scope’s helpline
• a local benefits adviser (Turn2us)
• Citizens Advice
• an independent advocate

To start mandatory reconsideration

Use the DWP decision letter and statement of reasons to say why you disagree with the decision. Say which part you want them to look at again and why you think it is wrong.

You can:

• send a completed mandatory reconsideration request (CRMR1 form)
• or write a letter telling them why you disagree with their decision

Keep a copy of the form and letter. You may need these if you go to tribunal.

If you choose to write a letter, make sure you include all the information required by the online form.

Use a mandatory reconsideration letter template tool (Advice Now)

How to ask for mandatory reconsideration (GOV.UK)

Waiting for the DWP to reconsider their decision

The DWP says it can take 2 months to reconsider their decision. But it could take much longer than this.

To find out about your claim, try calling the department dealing with your benefit claim.

If you think your ESA decision is wrong 

You may be able to go directly to appeal without going through mandatory reconsideration. Check your decision letter or ask your work coach.

If you think your ESA decision is wrong (Citizens Advice)

Universal Credit

If you are appealing a Universal Credit decision, you can use your journal to ask for mandatory reconsideration.

Make a copy of your journal however you can. For example, you could take a photo, copy and paste or print it.

If you do not have access to a journal, contact DWP.

You can use the Advice Now UC letter tool to help write your Universal Credit mandatory reconsideration letter. 

Sign in to your Universal Credit account (GOV.UK)

Housing Benefit

If you do not agree with a decision about Housing Benefit, you need to contact your local authority and make a request in writing.

Housing benefit revisions and appeals (Shelter)

Appeal a Housing Benefit decision (GOV.UK)

Personal Independence Payment (PIP)

Give specific reasons why you disagree. Use your decision letter, statement of reasons and medical assessment report to do this.

Use the points system to work out where you could have scored more points. The DWP considers if you can do activities:

• safely
• to an acceptable standard
• as often as you need to
• within a reasonable time

Try using these to explain why you should have scored more points and give examples.

Also say if doing an activity would stop you from doing another activity.

For example:

You can wash yourself or prepare food on most days.

But, if you wash yourself, you would not be able to prepare food.

Send evidence you have not already provided to the address on the original decision letter. This could be:

• reports or letters from medical professionals
• care or school plans the DWP has not seen
• a statement from a social worker, carer or personal assistant

You can use the Advice Now PIP letter tool to help write your PIP mandatory reconsideration letter. 

PIP Appeal Outline Creator (Benefits and Work)

PIP appeals (Citizens Advice)

Contact Scope’s helpline for support

Attendance Allowance

You may want to appeal the decision because you have got no support or less support than you need.

Challenging an Attendance Allowance decision - mandatory reconsideration (Citizens Advice)

If you need more support because your condition gets worse, report a change in circumstances. This is a different process to appealing the decision. 

Attendance Allowance: If your condition gets worse

Disability Living Allowance (DLA)

Use the decision letter and statement of reasons to say why you disagree with the decision.

You can use the Advice Now letter tool to help write your DLA mandatory reconsideration letter. 

Send evidence you have not already provided to the address on the original decision letter. This could be:

• care plans from schools or hospitals the DWP has not seen
• extra information about your child’s condition day to day

Ask professionals involved with your child to write about the support your child needs. For example:

• school nurse
• social worker
• caseworker
• medical evidence from a GP or consultant

If your child’s condition gets worse, you can:

• appeal your existing claim and
• make a new application for DLA

You cannot include new changes in your child’s condition to appeal your existing claim. You must say why the decision was wrong at the time.

Contact Scope’s helpline for support

If your mandatory reconsideration is successful

You will get backpay to the date of the original claim if your mandatory reconsideration is successful.

If you disagree with the mandatory reconsideration, you can appeal.

There can be up to 2 stages of appeal. These stages are:

• Tribunal
• Upper Tribunal

If you disagree with the DWP decision after a mandatory reconsideration, you can appeal to an independent panel called a tribunal. This is also known as a first-tier tribunal.

In-person hearings happen in a court. Contact the tribunal if you need to make sure the hearing is accessible to you. For example:

• level access
• using your mobility aid

Ask if you need a remote hearing.

A judge chairs the tribunal. If the tribunal is about disability, the other people on the tribunal will usually include:

• a doctor
• someone who works with disabled people, like a social worker

The people on the tribunal do not work for DWP.

Waiting times are usually between 6 and 12 months.

Apply to a tribunal (Citizens Advice)

An appeal can be complicated and challenging, so ask for emotional or practical help from relatives, friends, a support worker or health professional.

A benefits adviser could help you to get the best outcome if you need support and understanding:

• how tribunals work
• what your rights are
• the kind of written evidence you need, for example how you meet the descriptor for an activity that would make you eligible for PIP

Find a local benefits adviser (Turn2us)

You do not have to have an adviser at the tribunal. You can represent yourself.

Get help going to court or tribunal

Requesting a tribunal

You have a month from the date shown on your Mandatory Reconsideration Notice to submit your claim.

If you miss the one-month deadline, you can still ask the DWP for an appeal if you have a reason. For example:

• your health
• waiting for advice
• caring responsibilities

Contact the Disability Service Centre (GOV.UK)

When appealing to a tribunal you will need:

• the Mandatory Reconsideration Notice (ask the benefit office if you need a copy)
• to complete the appeal form (SSCS1)
• any supporting evidence, for example medical evidence

You can fill in the SSCS1 form online.

Appeal a social security benefits decision (Notice of appeal): Form SSCS1 (GOV.UK)

Or you can download and print a paper form.

If you use a paper form, you must post it to HM Courts and Tribunals Service. Do not send it to the DWP. The address is on the SSCS1 form.

The HM Courts and Tribunals Service receives your form and documents. The Tribunals Service then asks the DWP to respond within 28 days.

The tribunal service will send you all the documents which will be looked at. A copy is also sent to others involved in your case. This is called the ‘appeal bundle’. When you receive this:

• read the documents
• mark any bits you think are important, for example with sticky notes
• send any further evidence to the tribunal if it is not in the bundle

Contact the tribunal as soon as possible if you would prefer an electronic copy of the documents by email.

Get advice about what evidence you need.

Your appeal has the best chance if the tribunal has the correct evidence. They need the evidence in advance.

If you bring new evidence with you to the tribunal hearing, they might not look at it. But you can send further evidence before your tribunal hearing.

The hearing will only accept evidence that is related to the time of the original decision.

If the evidence you need is in your bundle, you do not have to send anything.

One-month deadline

You have a calendar month from the date on your appeal bundle letter to send evidence to the tribunal service.

Further evidence can include:

• documents that are not in your appeal bundle
• new evidence related to the time of the original decision

After the DWP has responded, the HM Courts and Tribunals Service will send you a letter including:

• the DWP’s response
• what happens next
• details about your first-tier tribunal hearing and waiting times

You can ask for a written hearing, but it is usually better to attend in person. It is possible to have a hearing:

• face to face
• by video call
• by phone call

This could give you a chance to show how your condition affects you. Tribunal members can ask you questions and make a more informed decision.

The meeting place should be accessible for you. Contact the tribunal if you have any access needs and need a reasonable adjustment. For example:

• accessible parking
• level access from the street
• lifts

They may ask you to explain why you need this adjustment. For example, your condition means you need to lie down to manage pain.

You can also take someone with you for support.

Taking someone to the tribunal hearing

You can take someone to the tribunal hearing as a representative, supporter or advocate.

Representatives

A representative is someone who can speak for you at the tribunal. They can be a lawyer (solicitor) or a lay person. A lay representative could be a family member or friend.

A representative can manage your appeal for you. You will need to let the tribunal know that you have a representative.

Supporters

A supporter can do things like:

• helping you to read and understand letters and emails
• arranging transport to meetings and assessments
• listening to your concerns and offering emotional support
• helping you find a lawyer or independent advocate
• finding information about your situation from a trusted source, for example Scope, Citizens Advice or Disability Rights UK

Anyone can be a supporter, for example:

• a partner, friend or family member
• a carer or health professional
• an appointee
• a deputy
• trade union representative
• social worker 

If your case is complex, having someone who understands the benefits process can help.

Independent advocates are trained professionals or volunteers. They work with you to get your voice heard and stand up for your rights.  

An advocate can: 

• listen to you and your concerns 
• give you information about your options to help you make choices 
• help you express what you want 
• go to meetings to support you to say what you want 
• support you to advocate for yourself

Advocates usually act as an expert adviser and not as a representative. They do not usually speak on your behalf unless you ask them to. But they will help you prepare what you want to say.

Find an independent advocate 

To find an advocate in your area, search for ‘advocacy’ on your local council’s website. 

Find your local council (GOV.UK) 

You can then contact the advocacy service in your area.  

Not all councils provide all types of advocates. It depends on where you live. Find local advocacy services from Citizens Advice or Disability Rights UK. 

Find your local Citizens Advice 

Advocacy (Disability Rights UK) 

If you do not think your advocate is acting in your best interests, you can ask for a different one. The advocacy service must provide you with a new advocate if they are not acting in your best interests. 

You can find out how to make a complaint about an advocate on the advocacy service’s website.

You could ask for your appeal to happen over a video or phone call if that would make it easier for someone else to take part.

You can ask for another date for your tribunal, but this will probably mean that you will need to wait longer.

The tribunal will decide the rate and length of your award. If the amount has increased, you will get back pay. This is usually at the increased amount from the date of your original claim. The DWP should apply the new rate within 4 weeks. It is rare for DWP to challenge a decision.

You can appeal to the Upper Tribunal if you have already:

1. had a mandatory reconsideration
2. and then appealed to the First-tier Tribunal

The Upper Tribunal decides if there has been a legal mistake called an ‘error of law’. For example:

• the decision does not match the evidence
• there is not enough evidence to back up the decision
• the decision is against the law (legislation or case law)

An appeal to the Upper Tribunal can take about a year. Get advice before you appeal.

Appeal to the Upper Tribunal