Court of Protection
Benefits Advice
The benefits system is complex — and many people who are entitled to claim either receive the wrong amount or don't claim at all. We're here to make sure that doesn't happen to you.
Benefits Advice and Appeals: Making Sure You Get What You're Entitled To
Why benefits advice matters
Benefits exist to help people maintain their independence, support their physical and mental health, and in many cases, get back into work. But navigating the system — understanding what to claim, how to apply, and what to do if a decision goes against you — can be exhausting, especially when you’re already dealing with difficult circumstances.
Our specialist team helps claimants and their families cut through the complexity, whether you’re starting a new claim, questioning a decision, or appealing to a tribunal.
Specialist advice for personal injury claimants
If you’ve received a personal injury payment, this can affect your benefit entitlements in ways that aren’t always obvious. Our team has specialist knowledge in this area and can advise on how to protect your position.
How we can help
01
Full benefits review
We check you’re receiving the right benefits at the right level, and identify any future entitlements you may be missing.
02
Benefits applications
We complete and submit applications on your behalf, ensuring everything is accurate and presented in the strongest possible way.
03
Challenging decisions (mandatory reconsideration)
If you’ve received a decision you believe is wrong, we can challenge it with the DWP, HMRC, or your local authority.
04
First-tier tribunal appeals
If a reconsideration is unsuccessful, we can represent you or support your appeal to an independent tribunal.
Who we help
We work with individuals making their own claims as well as family members and carers helping someone else navigate the system. Our advice is always tailored to your specific situation — there’s no one-size-fits-all approach.
Not sure what you're entitled to, or unhappy with a decision you've received? Get in touch — we'll give you clear, honest advice on where you stand.
Frequently Asked Questions
Can I claim means-tested benefits if I have received a personal injury settlement?
Receiving a personal injury settlement can affect your entitlement to means-tested benefits if the money is held in your personal accounts. However, if your compensation is placed in a Personal Injury Trust, it is generally disregarded for benefits assessment purposes, allowing you to retain your entitlement.
What is a mandatory reconsideration?
A mandatory reconsideration is the first stage of challenging a benefits decision made by the DWP, HMRC, or a local authority. Before you can appeal to an independent tribunal, you must first ask the decision-maker to review their decision. A solicitor can help you present the strongest possible case at this stage.
What happens if my mandatory reconsideration is unsuccessful?
If the decision is not changed following a mandatory reconsideration, you have the right to appeal to the First-tier Tribunal. This is an independent body that will consider your case afresh. Legal advice and representation at this stage can significantly improve your prospects.
Can a solicitor help me complete a benefits application?
Yes. A specialist solicitor can review your circumstances, identify which benefits you may be entitled to, and complete and submit applications on your behalf — ensuring everything is accurate and presented as clearly and comprehensively as possible.
What benefits could I be missing out on?
Many people who are entitled to means-tested benefits either do not claim them or receive less than they are entitled to. A full benefits review can identify gaps — including entitlements to Universal Credit, Personal Independence Payment, Attendance Allowance, Carer’s Allowance, free prescriptions, and free school meals, among others.
Testimonials
Contentious Probate
Our Team
The people who make up the Rothley Law team work together to deliver the best results possible for our clients.
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Ellie Bodley
Trainee CILEx Lawyer
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Rebecca Bristow
Partner
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Andriy Buniak
Principal Associate
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Lily Ford
Paralegal
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Laura Gibbs
Senior Associate
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Abby Glendinning
Apprentice Paralegal
