If you have asked for a Mandatory Reconsideration and still disagree with the decision, you can take your case to an independent tribunal. Tribunals are separate from the DWP, and a great many people win their appeals, especially with good evidence and support. This guide explains how appealing to a benefit tribunal works, what to expect, and how to give yourself the best chance.
What the tribunal is
A benefit appeal is heard by an independent tribunal, which is part of the courts and tribunals service, not the DWP. The panel is independent and looks at your case afresh, based on the law and the evidence. Depending on the benefit, the panel may include a legally qualified judge along with a doctor and a person with relevant expertise, who together consider whether the decision about your benefit was right.
How to appeal
To appeal, you usually need your Mandatory Reconsideration Notice, and you must lodge your appeal within one month of the date on it. You can appeal online or using a form, setting out which decision you are appealing and why. Late appeals can sometimes be accepted with a good reason, but it is much better to appeal within the time limit, so act promptly once you have your reconsideration notice.
Choosing a hearing
You can usually choose between a hearing where you attend and explain your case in person, by video or by phone, and a paper hearing where the tribunal decides based on the documents alone. Attending a hearing gives you the chance to explain how your condition or circumstances affect you and to answer the panel's questions, and people who attend are generally much more likely to succeed than those who opt for a paper hearing.
Preparing your case
Good preparation makes a real difference. Read the response from the DWP, gather evidence that supports your case, such as medical letters or reports, and think about the key points you want to make. Focus on the reasons the decision was wrong and on how your condition or situation really affects you. If you have a representative, they will help you prepare and can present your case, which can improve your chances considerably.
At the hearing
A tribunal hearing is usually less formal than people fear. The panel will ask you questions to understand your situation, and you can explain things in your own words. Answer honestly and describe your difficulties fully, including your worst days and the things you cannot do safely or reliably. Take your time, and do not feel you have to play down your problems. You can take someone with you for support as well as any representative.
Getting a representative
You do not have to be represented, but having someone who knows the system present your case can make a real difference. Welfare rights services, Citizens Advice and some law centres can represent people at tribunals or help them prepare, often for free. Given how much a benefit decision can matter to your income, it is well worth seeking representation or at least advice before your hearing, as it can improve your chances of success.
After the hearing
The tribunal usually gives its decision on the day, or sends it to you shortly afterwards. If you win, your benefit is put right, often including any arrears owed. If you lose, there may be limited further options, such as challenging the decision on a point of law, but these are more complex, so get advice. Whatever the outcome, you will have had your case heard by an independent panel.
How long it takes
Appeals can take some time to be heard, often several months, because of the number of cases waiting and the various steps involved in preparing each one. While this can be frustrating, it is worth persevering, as the wait is often rewarded with a better decision. Use the time to prepare your case thoroughly and gather any further evidence. If your circumstances are difficult while you wait, get advice about any other help you can claim in the meantime.
Why so many appeals succeed
A striking feature of the benefits system is that a large proportion of appeals succeed, particularly for disability benefits and where the person attends the hearing and has representation. This is partly because the tribunal is independent and looks at everything afresh, often hearing directly from the person about how their condition affects them. It is a powerful reason not to give up after a refusal, as the tribunal stage genuinely gives you a strong chance.
If you cannot attend in person
If attending a hearing in person would be difficult, for example because of your health, you can usually ask to take part by telephone or video instead, which still lets you explain your case and answer questions. This is often much better than a paper hearing. If you have concerns about attending, raise them when you appeal, as adjustments can usually be made so that you can take part in a way that works for you.
Bringing the right evidence
Evidence is often what wins an appeal, so think about what would best show how your condition or circumstances affect you. Letters from your GP, consultant, therapist or support worker that describe your difficulties in relation to the specific issues in your case are particularly valuable. A diary of how your condition affects you over a typical period can also help. The tribunal wants to understand your real situation, so anything that paints an accurate picture is worth providing.
You have nothing to lose by appealing
For most benefits, appealing does not put what you already have at risk, so there is usually little to lose by trying, and potentially a great deal to gain. Given how many appeals succeed, especially with advice and representation, it is well worth pursuing a decision you believe is wrong rather than accepting it. If you are unsure whether to appeal, get advice, as an adviser can assess your chances and help you decide.
In short
If a Mandatory Reconsideration does not resolve things, you can appeal to an independent tribunal within one month of your reconsideration notice. Choosing to attend a hearing, preparing your evidence, and getting a representative all improve your chances, and many people win. Describe your difficulties fully and honestly, and seek free help to prepare and present your case.
Do not give up after a refusal
If there is one single message to take away from how the appeals system works in practice, it is not to give up after a refusal or a disappointing reconsideration. Because the tribunal is independent and so many appeals succeed, a refusal earlier in the process is often not the end of the story. With good preparation, the right evidence and some support, an appeal gives you a genuine chance to put a wrong decision right, so it is almost always well worth seeing it through to the end rather than simply accepting a decision that you believe to be mistaken.
Where to get help
Citizens Advice, welfare rights services and law centres can help you appeal. See our guides to the Mandatory Reconsideration and, for PIP appeals specifically, the PIP appeal tribunal.