Appealing Employment Support Allowance (ESA) Decisions

There are three levels of appeal when appealing a decision by the Department of Work and Pensions (DWP). They are:

1. Reconsideration
2. Appealing to the First Tier Tribunal
3. Appealing to the Upper tribunal

The difference between a claimant winning a First Tier Tribunal appeal on their own and a claimant with a representative winning is around 15%.
The key to winning tribunals is preparation. You need to know the main rules for ESA and must have gathered evidence relevant to the legal tests at issue and the relevant points must be explained to the tribunal.

Evidence for appealing Employment Support Allowance decisions at any level of appeal

• A letter of support from your doctor;
• A care plan;
• A doctor’s report;
• A statement by the claimant showing the history of the problem they have and how they affect them;
• Any medical information such as letter for appointment or anything which assists in proving claimant attended the Doctor/hospital or other therapy for their problem;
• A diary of how the problems effect the claimant on a day to day basis;
• A statement from anyone that might provide care or help the claimant with their problems such as friends, family, care workers or work colleagues etc