Requirement for mandatory reconsideration is unlawful

Posted 17 August 2020 

The High Court has ruled that requiring claimants to request a mandatory reconsideration before they can appeal, in cases where the claimant meets the conditions for payment once the appeal has been requested, is unlawful.

The mandatory reconsideration process can take many weeks, or in some cases, months to conclude. During this time claimants are left without any ESA payments and nor can they request an appeal. The High Court has ruled this restriction unlawful.

This is a significant decision and could mean many thousands of ESA claimants who are challenging DWP decisions could receive payment much sooner in the appeals process.

ESA claimants who are found fit for work following DWP assessment should contact us at the earliest opportunity for specialist advice.

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