Challenging a decision

How do I challenge a decision?

If you disagree with a decision made on your benefit claim you can ask for a written statement explaining their reasoning. Then, if you still believe that decision is incorrect, you can ask for it to be looked at again or appeal. The time limits for this are strict. You will only have a month to dispute a decision; therefore, seeking advice and acting fast is vital. However, decision-makers (and tribunals) have a degree of freedom, so they can take a more individualistic approach at times and consider people's circumstances. 

 

You can challenge a decision if

• Your claim was refused;
• Your claim was successful, but the rate is lower than you think it should have been; or
• Your claim was successful but for a shorter period than you expected.

 

Mandatory Reconsideration

The easiest way to apply for a mandatory reconsideration is via the official governmental site. Ideally, you should request mandatory reconsideration within one month of the decision. However, even if you miss the deadline, you can still ask for it and include reasons for the lateness in your letter or form. If the DWP refuses your application, you can appeal the decision if your mandatory request is sent no later than 13 months after you receive the initial decision.

 

Appealing the Mandatory Reconsideration Notice

To appeal a tribunal, you will need to provide the Mandatory Reconsideration Notice from the DWP and the completed appeal form. These need to be sent within one month from the date shown on the mandatory reconsideration notice. You can start an appeal by filling out an online form at SSCS1 PE

 

Helpful Information for the Hearing

While preparing for the hearing, you should inform the tribunal of any changes to your availability and any new evidence as it becomes available. 

 

How we can help

Our experts take account of your situation and the anxiety it might evoke. Our primary focus is always to protect our client's position. We do this by challenging the assessment process. Assessors may not always be equipped with the required knowledge to assess an individual's disabilities or health conditions, which can often exacerbate our client's anxieties. 

 

We would be delighted to act for you in the following ways:

• Help to prepare all the evidence you need to put your best case forward;
• Appoint medical experts to help obtain this evidence;
• Negotiate (if you consent) to meeting with officials to try and get you a better offer without going to a tribunal;
• Research the laws that could be used in your case;
• Prepare a written statement/report to send to tribunal ahead of the hearing, and if requested;
• Physically represent you at the appeal.

 

If your appeal is successful, you will be informed in a few weeks, and your new payments will be made every four weeks. If unsuccessful, you will receive a notice informing you of this and outlining all your options. You may be able to appeal to a superior tribunal if you think the decision of the HM Courts and Tribunal Service was wrong in law. To gain our assistance simply create a case by using the link at the top of this page, you will then need to deposit a sum equal to one hour’s usage, upon receipt of these funds you will be assigned your personal caseworker who will telephone you to discuss the matter and make suggestions on how to proceed.

 

Please note your caseworker can only give generic advice, their role is to prepare your details for handling by our benefits advisor and to act as your point of contact, they will also issue you with your Password and PIN, these will be needed to log onto your client dashboard. From your dashboard you will be able to manage and view every aspect of your case, upload documents, images, files etc.