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Last updated:
25/11/2021

Can I appeal if I think the decision about ESA is wrong?

  1. What is ESA?
  2. How can I claim?
  3. What is the Work Capability Assessment?
  4. What are the groups of ESA?
  5. What is the Work Programme?
  6. What work am I permitted to do on ESA?
  7. Can I appeal if I think the decision about ESA is wrong?

You can ask the Department for Work and Pensions (DWP) to view your claim again if they say that you should not get Employment and Support Allowance (ESA), or that you should be in the Work-Related Activity Group (WRAG) when you think you should be in the support group.

This is called a Mandatory Reconsideration. You have one month from the date of the decision to ask for a mandatory reconsideration. If your mandatory reconsideration is not successful, you can appeal. If you appeal, an independent tribunal will decide if the DWP made the right decision.

There are some circumstances where you don't have to apply for a Mandatory Reconsideration and can go straight to the appeal stage instead. This is usually for people who are applying for income-based ESA and have been found 'fit for work'.

What happens if your ESA mandatory reconsideration is successful?

If your ESA was stopped or reduced during the appeal period, you should receive a backdated ESA payment. The DWP may want to pay the backdated amount in instalments instead of a lump sum. They can only do this if you agree with their decision to pay you the sum in instalments.

For more information and help you should seek advice from a welfare and benefits adviser.

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Within this subject

  1. What is ESA?
  2. How can I claim?
  3. What is the Work Capability Assessment?
  4. What are the groups of ESA?
  5. What is the Work Programme?
  6. What work am I permitted to do on ESA?
  7. Can I appeal if I think the decision about ESA is wrong?
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