How to challenge a benefits decision
Ask for a mandatory reconsideration first, in writing, and say which part of the decision is wrong and why. Send any evidence with it. If that fails, appeal to the tribunal, which is independent and free. Do it before the deadline printed on the decision letter. Keep a copy of everything, and ask for every answer in writing.
· 4 min read
A decision letter is not the end of the process. There are two steps after it, they are free, and most people skip the first one because nobody explains it.
The two steps
- Mandatory reconsideration: you ask them to look at their own decision again.
- Tribunal appeal: an independent panel looks at it, and you can attend.
You usually cannot go straight to the tribunal. The reconsideration has to happen first, even when it feels pointless. It is also where most decisions get changed.
What to write in the first letter
Name the decision and its date. Say which part is wrong: the rate, the period, the assessment, or a fact they have recorded incorrectly. Then give the reason and the evidence.
One page is enough. Do not explain your whole situation. Point at the specific line and disagree with it.
Evidence that helps
- Letters from a doctor, employer, landlord, or carer.
- Bank statements that show the period in question.
- A diary of how the condition or situation affects daily life.
- The assessment report, if there was one, which you can request.
The tribunal
The tribunal is independent of the department. You can attend by phone or video, and you can bring someone with you. It is not a court, and it is not adversarial in the way people expect.
You do not need a lawyer. A free advice service can help you write the submission, and that is usually the part that decides it.
What not to do
Do not miss the deadline and assume you can explain later. Do not send a long letter about your circumstances instead of naming the error. Do not withdraw because the first answer was the same as the first decision.
Questions
How long do I have to challenge a decision?
The deadline is printed on the decision letter and it is usually one month. If you miss it, you can still ask for a late reconsideration and explain why, but it is at their discretion.
Do I need a lawyer for the tribunal?
No. Most people attend without one. A free advice service can help you prepare the written submission, which matters more than who speaks on the day.
Will my payments stop while I challenge it?
Sometimes, depending on the benefit and the decision. Ask in writing whether payments continue during the reconsideration, and ask for that answer in writing too.
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