Disability Benefit Dispute Solicitors — PIP, DLA, Attendance Allowance & ESA Appeals

Request mandatory reconsideration within 1 month of the decision (or up to 13 months with good reason). Obtain the DWP's assessor's report — you have a right to see it, and it usually contains errors that can be challenged. A solicitor reviews the report against your account and the medical evidence, identifies each factual error and incorrect descriptor application, and prepares a detailed MR submission. The MR submission should be detailed — listing every specific point where the assessor has erred — rather than a general disagreement with the outcome. If the MR upholds the decision, lodge a tribunal appeal within 1 month of the MR notice.

Under regulation 4(2A) of the Social Security (Personal Independence Payment) Regulations 2013, a claimant can carry out an activity "reliably" only if they can do so: safely (without risk of harm to themselves or others); to an acceptable standard (not so poorly as to be unsafe or ineffective); repeatedly (as often as reasonably required throughout the day); and in a reasonable time period (no more than twice as long as a non-disabled person). The DWP and assessors frequently ignore the "safely" and "repeatedly" limbs — particularly for conditions involving pain, fatigue, or mental health difficulties that fluctuate during the day. A solicitor specifically argues the "reliably" test against each disputed descriptor, citing the claimant's specific difficulties with carrying out the activity repeatedly and safely.

Yes — DLA decisions for children can be challenged through mandatory reconsideration and First-tier Tribunal appeal. For the DLA care component for children, the DWP must consider whether the child needs significantly more attention with bodily functions, or substantially greater supervision, than a child of the same age in normal health (SSCBA 1992 s.72). This comparison with a non-disabled child of the same age is critical — and DWP decision-makers frequently fail to apply it correctly for children with autism spectrum disorder, ADHD, cerebral palsy, or learning difficulties. A solicitor prepares evidence specifically addressing the child's needs compared to a non-disabled peer — including evidence from school, therapists, and specialist consultants.

Yes — a decision moving you from the Support Group (LCWRA) to the Work-Related Activity Group (LCW) can be challenged through mandatory reconsideration and First-tier Tribunal (SSCS) appeal. The key issue is whether you meet any of the "limited capability for work-related activity" descriptors (Sch 3 ESA Regulations 2008 / Sch 7 UC Regulations 2013) — which include activities like mobilising, risk to self or others, and the "mental, cognitive and intellectual functions" category. A solicitor analyses each LCWRA descriptor against the medical evidence and prepares a challenge focusing on the specific descriptors where the assessor has under-scored or incorrectly assessed your functional ability.

The most useful medical evidence directly addresses the specific PIP or ESA descriptors in dispute — not just the diagnosis. A GP or specialist letter that says "the patient has fibromyalgia" is much less useful than one that says "on bad days (which occur at least 3–4 times per week), the patient is unable to stand for more than 10 minutes due to pain, cannot prepare a simple meal without assistance, and requires prompting to manage all personal care activities." Evidence from occupational therapists, physiotherapists, mental health professionals, and community nurses is often more detailed and descriptor-specific than GP letters. Care plans, social services assessments, community care records, and school reports (for children) can also be powerful evidence. A solicitor identifies the most relevant evidence for each descriptor and helps to frame requests to healthcare professionals.