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 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.


appealing a benefits decision - Astraea Linskills Solicitors Liverpool

Support if appealing a benefits decision affects your mental health

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
• Income Support
• 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

You can find further information here.

Turn to us

If you have any questions about the content of this article or would like us to signpost you towards an organisation that can help, please contact a member of our friendly team at Astraea Linskills today.


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