Appealing a

benefits decision

We’re here to help you

You may find appealing a benefits decision challenging, but we are here to help you.

There are many reasons why you might apply for benefits such as a physical or mental health condition that affects your day-to-day quality of life. Don’t worry if you have been refused certain benefits as you can always lodge an appeal. This applies to Personal Independence Payment (PIP), Employment and Support Allowance (ESA) and Universal Credit for example.

Our friendly team of expert solicitors at Astraea Linskills recognise that it is an extremely stressful time if your benefits application has been turned down, so we have set out a list of pointers in this article to guide you through the process and your next steps. We understand that the stress of appealing a benefits decision can take its toll on your mental and physical health so we have tried to outline the process and make it as simple as possible.

Reasons why appealing a benefits decision might be right for you

If you disagree with a decision about your entitlement you may wish to consider appealing a benefits decision if;

Your claim is turned down

There is less money than you thought being offered

Your claim review date is too soon

Before you appeal you must usually ask for the decision about your benefits to be looked at again – this is called ‘mandatory reconsideration.’ If you do not need to do this, your decision letter will say that you can appeal straight away. The letter will explain why you do not need a mandatory reconsideration. We would advise you to include this when you submit your appeal.

When to go to a tribunal

If you have been refused benefits at the mandatory reconsideration stage, you can take your appeal to tribunal within one month of getting your mandatory reconsideration decision. If you launch your appeal after a month you’ll have to explain why you did not do it earlier. Your appeal might not be accepted.

After you submit your appeal you can manage your appeal online and provide further evidence to the tribunal. Your appeal will be decided at a tribunal hearing.

There can be up to two stages of appeal – tribunal and upper tribunal. Government figures show that around three in four people who appeal have their benefits decision changed at tribunal.

At Astraea Linskills, we are very sensitive to the fact that the appealing a benefits decision can be very stressful and it’s important to look after your physical and mental wellbeing. If anxiety starts to affect other aspects of your life, seek advice from your GP or a mental health organisation as soon as possible.

You can appeal a decision about the following

• 30 hours free childcare scheme
• Attendance Allowance
• Bereavement Support Payment
• Carer’s Allowance
• Child Benefit
• Child Support or Child Maintenance
• Compensation Recovery Unit
• Contracted out Employment Group
• Disability Living Allowance (DLA)
• Disability Working Allowance
• Employment and Support Allowance (ESA)
• Funeral Expenses Payment
• Health in Pregnancy Grant
• Home Responsibilities Protection
• Incapacity Benefit

• Industrial Death Benefit
• Industrial Injuries Disablement Benefit
• Jobseeker’s Allowance
• Maternity Allowance
• Pension Credit
• Personal Independence Payment (PIP)
• Retirement Pension
• Severe Disablement Allowance
• Sure Start Maternity Grant
• Tax Credits
• Tax-Free Childcare
• Universal Credit
• Winter Fuel Payment
• Vaccine Damage Payment
• Income Support

Find out more here

Have a question

about

appealing a

benefits decision?

contact us today!

If you’d like to book an appointment
or would simply like to speak to one of
our solicitors, please fill in the your
details and we’ll get right back to you.

We look forward to learning how we
can help you!

Have a question about

appealing a benefits

decision?

contact us today!

If you’d like to book an appointment
or would simply like to speak to one of
our solicitors, please fill in the your
details and we’ll get right back to you.

We look forward to learning how we
can help you!