What happens to my benefits after mandatory reconsideration?
If you are found fit for work after mandatory reconsideration, you can appeal to the tribunal. You will get a tribunal confirmation letter once your appeal request has been received. Once you get the confirmation letter you should contact the Department for Work and Pensions (DWP) to check they have received your appeal and check that they have reinstated your ESA. If you claimed another benefit like JSA during your mandatory reconsideration period this claim will need to be cancelled if your ESA is reinstated. Your ESA should be paid at the assessment rate and continue until your appeal has been heard.
Employment Support Allowance
You will not get any ESA after a mandatory reconsideration if you have made another claim after a failed claim. You can only do so if your health gets worse.
You won’t get ESA after your mandatory reconsideration if your appeal is about not completing the health questionnaire or not attending the medical.
How do I challenge a Personal Independence Payment (PIP?) decision?
If you were asking for a mandatory reconsideration on your Personal Independence Payment (PIP), the DWP will either decide to give you this benefit or not.
If they choose not to give you the benefit, you can appeal to the independent tribunal, which is known as the second step of challenging a PIP decision. This means that you want an independent tribunal to consider the decision.
You must appeal within one month of the date cited on your Mandatory Reconsideration Notice. You will not be paid PIP during the appeal and challenging a decision can make a PIP award lower or shorter.
How do I challenge a Disability Living Allowance (DLA) decision?
After asking for a mandatory reconsideration for Disability Living Allowance (DLA) you may wait several months to receive your decision letter.
When this decision is made you will be sent two copies of a mandatory reconsideration notice and if your appeal has been successful you will start to receive your DLA payment. However, if the Department for Work and Pensions does not change its decision you can take this further by appealing to an independent tribunal.
The tribunal will be keen to hear why you are appealing so you should ensure to consult both your decision letter and mandatory reconsideration notice to explain why you disagree with the decision made. You should list examples and evidence to back up your views.
How do I challenge a Jobseeker’s Allowance (JSA) decision?
If you have been successful in your mandatory reconsideration for Jobseeker’s Allowance (JSA) the Department of Work and Pensions will backdate your payment to the date that they were stopped or reduced.
However, if your mandatory reconsideration has not been successful, you can take this further by appealing to an independent tribunal.
Challenging a Universal Credit (UC) decision
If you were challenging the decision not to award the limited capability for work element of Universal Credit (UC), you may be awarded the element after mandatory reconsideration. If not, you can appeal to the tribunal – you can claim the standard allowance of UC during this time.
You can find more information in the following sections:
