How to Appeal
If your claim for benefit has been refused or if you disagree with a decision about your benefit entitlement you may be able to challenge this.
In most cases you must do this within one month of the decision. How you do this depends on the type of benefit you have applied for.
Appeals are decided by a tribunal. Before you can appeal to the tribunal you must ask for the decision about your benefits to be looked at again - this is called 'mandatory reconsideration'.
The Welfare Rights Service may be able to help with your appeal. This section provides some information about how to challenge a benefit decision and how our service may be able to help
Before you can lodge an appeal against a decision that the Department for Work and Pensions (DWP) or HM Revenue and Customs (HMRC) have made, you will usually have to ask them to look at the decision again. This is called mandatory reconsideration and applies to most benefits, but does not include Housing Benefit or Council Tax Support.
If you are challenging a DWP decision that you don't have 'limited capability for work', you should check your decision letter. If it says you don’t have to apply for a mandatory reconsideration, you can appeal directly to the tribunal instead.
Otherwise, if you are not happy with a decision, you must ask them to reconsider it within one month. You can do this by phoning the office who made the decision or by putting the request in writing. In Universal Credit cases, you can also do this via your online journal. If the request is late, you will need to give the reasons for this. You may want to provide any further information that you have which you feel supports your case.
The mandatory reconsideration decision
Once they have looked again at your case, they will provide their decision to you in writing. You will be sent two copies of the mandatory reconsideration notice which gives full reasons for the decision.
If you are not satisfied with the outcome of the mandatory reconsideration (or you are challenging a decision where the reconsideration process is not required), you can then appeal within one month.
You can either appeal online at gov.uk or complete a paper appeal form, available from gov.uk or from the DWP.
You will normally need to include one copy of the mandatory reconsideration notice and return the form to the address at the bottom of the form.
If you try to appeal without going through the reconsideration process (unless you are challenging a decision where the reconsideration process is not required) your appeal will be returned to you and you will be told to ask for a mandatory reconsideration.
On the appeal form we would advise you to tick the box "I want to take part in the hearing". Otherwise your appeal will be decided using only the paperwork and you will not get an opportunity to put your case before a tribunal.
We would also advise you not to agree to accept less than 14 days notice of a hearing, or it may be difficult for you to prepare for the hearing or make arrangements for someone to go with you.
Do not put the Welfare Rights Service down as your representative unless we have advised you to do so. If we agree to represent you at a later stage we can let them know about this. Usually we cannot agree to represent until we have seen the appeal papers. Please be aware that we may review the appeal papers and then make a decision that we are unable to represent you, if this is the case we will explain this to you.
On receipt of the appeal form the Tribunal Service will notify the Department for Work and Pensions (DWP) that you have appealed.
The DWP will then send out an appeal submission, which includes copies of all the forms you have completed in connection with your claim and other information (including medical evidence where relevant) which relate to your case.
If you have not already done so, consider sending in evidence to support your case. You’ll be told where to send your evidence after you submit your appeal.
You do not need to re-send any evidence you already sent in at the Mandatory Reconsideration stage, unless you sent it too late to be considered or you know the DWP did not receive it. All the evidence sent in so far should be included in your appeal papers.
Send your evidence to the Tribunal Service as soon as you can. It is not a good idea to give it to the tribunal on the day, unless you have no choice. It may not be accepted, or the tribunal may not have time to read it properly. Try to keep a copy of anything you send.
At a Social Security appeal hearing, often called a tribunal, you can expect an informal but structured process where an independent panel reviews your case.
The hearing is your chance to tell your story directly and explain how your condition affects you in real life. Most people find it more supportive and less intimidating than they expected.
Usually made up of a judge, a doctor, and sometimes a disability specialist. They are independent of the Department for Work and Pensions (DWP).
They are there to make a fresh decision about your entitlement (e.g. PIP, ESA, UC capability), not just review the DWP’s decision.
It’s not like a court trial. There’s no jury, and it’s generally informal. You’ll sit at a table and be asked questions about your daily life and how your condition affects you.
Expect detailed questions about:
- Your daily routine
- Mobility and ability to travel
- Personal care tasks (washing, dressing, cooking)
- Mental health or cognitive difficulties
- They may ask for examples of what happens on a bad day.
The panel will already have read your paperwork, but you can bring additional evidence or explain anything you feel was misunderstood.
Sometimes a DWP representative attends, but often they do not. If they are there, they may ask questions.
Your own explanation is very important—be honest, clear, and describe real difficulties rather than what you can do on your best days.
You might be told the outcome on the day, or it may be sent by post within a few days.