Appeal a benefit decision

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After you submit your appeal

Your appeal will be sent to the department that made the decision about your entitlement to benefits. They鈥檒l respond to your appeal explaining why they made the decision.

You鈥檒l get a copy of the response.

Managing your appeal online

You can create an account after submitting your appeal by using the link in your acknowledgement email. You can also create an account afterwards by contacting the benefit appeals helpline and giving them an email address.

Once you鈥檝e set up your account, you鈥檒l be able to:

  • track the progress of your appeal

  • upload evidence to support your appeal

  • make a statement to support your appeal or ask for your details to be updated, for example if you move house or if your representative鈥檚 details change

  • request an audio recording of your hearing after it鈥檚 taken place

Providing evidence

You can provide evidence to help the tribunal understand your condition or circumstances so they can make a decision. Evidence can include:

  • a report or care plan from a specialist, therapist or nurse
  • a letter from someone who knows you

You can submit evidence online or by post. If you鈥檙e submitting evidence by post, you鈥檒l be told where to send it in your acknowledgement letter after you submit your appeal.

Send it as soon as you can so the tribunal have time to read it before the hearing.

The hearing

Your appeal is decided at a tribunal hearing. The tribunal will tell you the time and location of the hearing.

You鈥檒l get the decision by post after the hearing. You may get a decision on the day if you go to the hearing.

How long it takes

It usually takes up to 6 months for an appeal to be heard by the tribunal.

Your appeal might be delayed unless you:

  • send any evidence as soon as you can before the hearing
  • arrive at the hearing on time (if you鈥檙e attending)
  • register your representative as soon as you can (if you鈥檙e using one)
View a printable version of the whole guide

Part of Challenge and appeal a benefit decision: step by step

  1. Step 1 Find support and advice

    You can get free support and advice from:

    1. You can also seek advice from a legal adviser or solicitor

  2. Step 2 Ask for mandatory reconsideration

    1. Ask for the benefits decision to be looked at again (mandatory reconsideration)

    You normally need to do this within one month of the date on your decision letter.

  3. Step 3 Appeal the decision to a tribunal

    If you鈥檙e unhappy with the decision after mandatory reconsideration, you can appeal it to a tribunal.

    1. Appeal to the Social Security and Child Support Tribunal

  4. Step 4 Ask for the tribunal's decision to be 'set aside' (cancelled)

    If you disagree with the decision, you can ask for it to be set aside (cancelled). The decision letter from the tribunal will tell you how to do this.

  5. or Appeal the tribunal's decision

    If you think the decision was wrong for a legal reason, you can appeal to the Upper Tribunal.

    1. Appeal to the Upper Tribunal (Administrative Appeals Chamber)

  6. and Check if you can get legal aid

    You may be eligible for legal aid to help you appeal to the Upper Tribunal.

    1. Check if you can get legal aid