If you appeal on the official appeal form, this can help you to give all the information that is needed. If you can't get hold of the official appeal form, make sure you include the following details in your letter:.
If you have lost the mandatory reconsideration notice, you can ask for a copy to be sent to you. You will have to do this before you can appeal. If this causes a delay in sending in your appeal request, you will need to explain the reasons for the delay.
See information about late appeals below. If you missed the deadline for reasons out of your control, such as illness or bereavement, you may be given more time to appeal.
If they decide that the original decision is wrong, they will change the decision and send you a new decision letter:. If the new decision makes you better off your appeal will stop.
You can appeal this new decision if you think it is wrong. If the new decision does not make you better off, your appeal will carry on but now it will be against the new decision. The benefit office will also include their response. This explains:. The First Tier Tribunal will decide if you are legally entitled to a benefit and can change a decision if they think it is wrong.
The tribunal could make a decision that leaves you worse off so it is often best to seek advice before deciding whether to appeal. Deal with administrative complaints, such as delay or poor service see Complaints about your claim. Consider changes of circumstances which have taken place since the decision was made.
You may be able to make a new benefit or tax credit claim. If you appeal against an Employment and Support Allowance ESA decision , you can ask to be paid ESA whilst you await the decision, unless you went on to Universal Credit while you were waiting for your mandatory reconsideration decision.
You don't need to make a fresh claim for ESA. You will be paid at the Assessment Phase rate while you are waiting for the Tribunal. If you have backdated medical certificates fit notes to cover the mandatory reconsideration period, then ESA can now be paid for that period as well. This doesn't apply if you claimed another benefit such as Jobseeker's Allowance or Income Support during the reconsideration period so received an equivalent amount of benefit.
Seek advice if this applies to you. You do not have to make any new benefit claims, but in many circumstances, claiming UC or JSA will be your only way of getting some income while the ESA decision is looked at again. The 'full service' of UC has now been introduced throughout Derbyshire. You may receive some UC in addition to this. If you claim UC and you are challenging an ESA decision, please make sure that your work coach knows that you are unwell, hand in sick notes if your GP issues them, ask for the 'work-related' requirements of UC to be reduced in accordance with your health problems, and ask for a new 'work capability assessment' under UC.
We recommend you claim right away. You will have a 'new jobseeker's interview' and you should usually be paid JSA 3 days after this. Seek advice if payment is delayed. You will see a work coach at your local Jobcentre Plus.
When you draw up your Claimant Commitment, make sure that you discuss with them how they can take account of your illness or disability when working out what you need to do in order to look for a job. If you do not wish to claim JSA or you cannot claim it, your options for further benefit claims are limited.
Contact us to see if there are any other options, for instance if the SDP rules apply to you and you are a carer for another disabled person you may be able to claim Income Support. It will not usually be possible to do this unless you had an SDP in your benefit, and you are suffering from a new health condition, different from the one on which your previous claim was based, or an existing health condition has become significantly worse.
If you claim, you may have your claim refused unless there is sufficient medical evidence to support it, or you may receive no benefit until you have had a new Work Capability Assessment, and this can take a long time. This is a financially risky strategy as you may go without money for a very long time.
New evidence might be things like a letter from a GP, a fit note or a letter from someone who knows you. Try to send it within 1 month of them contacting you. The tribunal panel might take it into consideration or they might reschedule the hearing if they need more time to read it. This will send you regular email updates and reminders about your appeal. If you applied by post you can contact HMCTS and ask them to send you updates and reminders by text message.
Your call is likely to be free of charge if you have a phone deal that includes free calls to landlines - find out more about calling numbers.
This applies even if you win your appeal. Relay UK - if you can't hear or speak on the phone, you can type what you want to say: then You can use Relay UK with an app or a textphone. You can find out how to use video relay on YouTube.
Sometimes you might be better off on Universal Credit but you should talk to an adviser first. There might be other circumstances when you can make a new claim. Find out what to do if your ESA is stopped or reduced. You can claim back expenses to cover the cost of travelling to the hearing, or to cover pay you might miss out on. Find out how to claim expenses on GOV. Contact your nearest Citizens Advice to ask if they can represent you. Not all Citizens Advice offer this service but if they do it will be free.
You'll get details of how to appeal to them with your decision letter. You can only appeal to the upper tribunal in certain situations. Talk to an adviser first. Skip to navigation Skip to content Skip to footer.
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