ESA – I disagree with a decision

I disagree with a decision

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Employment and Support Allowance (ESA)

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I disagree with a decision

If you disagree with the DWP’s decision on your Employment and Support Allowance (ESA) claim, you can challenge it.

First you can ask for the decision to be looked at again. This is called a mandatory reconsideration.
If you are unhappy with the mandatory reconsideration decision you can then appeal to a tribunal.

You must request a mandatory reconsideration before you can appeal unless you have been told otherwise.

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Request a mandatory reconsideration myself

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Request a mandatory reconsideration myself

To request a mandatory reconsideration, contact the benefits office that gave you the decision.

You can contact them by phone, by letter or by filling in a form.

You must apply for a mandatory reconsideration within one month from the date the original decision was sent to you.

If you miss the one month deadline it’s still worth asking for a mandatory reconsideration, provided you do so within 13 months of the decision.

The decision on your mandatory reconsideration will be sent to you in a letter with the words ‘Mandatory Reconsideration Notice’ at the top.

More information about asking for a mandatory reconsideration

How can I appeal an ESA decision without a mandatory reconsideration?

In some cases you can appeal an ESA decision about whether you are fit to work without having to do a mandatory reconsideration. This may apply if:

It's the first time you have failed the Work Capability Assessment
It's the first time you have failed the Work Capability Assessment since a previous decision that you did not fail

Check your decision letter to find out if you need to do a mandatory reconsideration. If you don't, you can appeal to an independent tribunal instead. If you think this applies but are unsure what to do we can help you.

More information about when you can appeal an ESA decision without having a mandatory reconsideration

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Appeal an Employment and Support Allowance (ESA) decision myself

If you have received a Mandatory Reconsideration Notice and are still unhappy with the DWP’s decision on your benefit claim, you can appeal.

You must make your appeal within one month of the date shown on the Mandatory Reconsideration Notice.

After you submit your appeal you can provide evidence to support your claim.

The appeal will then be decided at a tribunal hearing.

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If you need help from an adviser please continue to our callback form, where you will be asked to provide your contact details.

An adviser will then call you back at a time that is convenient to you.

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