Appeals in PIP, DLA, and ESA cases for private clients

Moss & Co Welfare Benefits representation and advice service

There is no legal aid for legal advice in connection with Mandatory Reconsiderations or appeals against DWP decisions in PIP, DLA, ESA or Incapacity Benefit claims.

We are experts in these fields. Our senior solicitor Keith Hollywood has over 15 years’ experience.

We set out the work that will be required on your case and the fees we charge below.

Mandatory reconsideration

This is the first stage of challenging the DWP’s decision to disallow or only partially allow your claim.  You cannot lodge an appeal unless the initial decision has been reconsidered.

In the past the DWP rarely changed their original decision. That has changed, and it is now well worth instructing us to request a reconsideration.  We are successful in  just over one half of reconsiderations.

Our fixed fee for a mandatory reconsideration is £525 plus VAT.  We will arrange an interview, in person or by video, You will need your decision letter and any other documents such as medical reports used in support of your claim. If your case needs further medical or other evidence, you will need to pay the doctors or experts fees. Following this interview, we will prepare detailed representations in support of the appropriate award.

Advice on merits of an appeal

If your mandatory reconsideration is unsuccessful, or you have already received a decision before instructing us, then you may want an advice on merits and your prospects of success before the Lower Tribunal. This advice will enable you to decide whether you wish to go ahead with an appeal.

Our fees for this advice are charged at an hourly rate. It takes between 2 and 3 hours to consider your case and prepare an advice. This includes looking at the detailed response from the DWP, taking your instructions and writing a comprehensive advice.  Our fee will be between £350 and £525 plus VAT.  If our advice is positive and you decide to proceed then we will deduct this fee from the cost of the tribunal case.

Preparation of your case before the Lower Tribunal

We will need to see you (either in person or on video e.g. skype) on at least two occasions. First to take your instructions, and then to go through the DWP’s appeal bundle and to obtain your formal approval of our detailed submissions on law and fact. We always advise clients fully about their prospects of success. As a result, we have a very high win rate on appeal. Many appeals are successfully decided on the papers alone.  Our fee for preparation of a case before the tribunal is £1500 plus VAT.

It is not always necessary for us to attend the tribunal as our written submissions are so comprehensive. However, if you wish us to represent you in person our fee for appearing in the London area is £500 plus VAT. If the tribunal is outside London we will quote you.

If you decide that you wish to instruct us, then you should call Keith Hollywood on 020 8986 8336 who will arrange payment as appropriate and will then be pleased to further advise and represent you. We regret that due to the complexity of the regulations and pressure of work we are unable to provide preliminary assessments by telephone or e mail.

Keith Hollywood our private client benefits expert

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