You can appeal against
a DSS decision on your benefit if you disagree with their decision.
You may disagree about your entitlement, the amount they award, the
length of the award etc.
You can appeal right away, or request a review.
You must appeal within 1 month of the decision.
Appeals for Incapacity Benefit, Severe Disablement Allowance, Disabled
Person's Tax Credit, Attendance Allowance and Industrial Injuries Scheme
will be heard by a Disability Appeal Tribunal - this is an independent
body.
Ask for an oral
hearing - this means you (and a representative) will go to the hearing
to present your case. Oral hearings have a higher success rate than
paper hearings.Preparing
As soon as you know you are going to appeal make sure you ask for copies
of all documents the Benefits Agency have about your case.
This will include the reports of any Benefits Agency doctors who have
visited you.Go through the case
papers and make notes about all the medical and other evidence against
you.
You need to get evidence that supports your case. And offers
a different opinion from that of the DWP Doctor. Your own testimony
is accepted, but more weight is given to medical evidence. So make sure
you get your GP, consultant, physiotherapist etc to write a letter or
report outlining your condition and the effect it has on your ability
to do things. (like walking, working, care needs etc).
You must do
this in advance, and send copies of any extra evidence to the Tribunal.
If you have a representative, s/he should find out about any other Tribunal
decisions that might help your case.
You will get about
2 weeks notice of the date of the Tribunal hearing.
You should use this time to work out what you and your representative
are going to say. The case papers are numbered, it is important to refer
to these numbers when you are talking about a particular piece of evidence,
so make a note of them.The Hearing
The Tribunal
is made up of 3 people. The chair has a legal background (usually a
solicitor), the other 2 members are a Doctor, and someone with a disability
background (s/he may be a disabled person, or a carer).
Sometimes an officer from the DWP will be there - they are not a member
of the Tribunal, they are there to present evidence, the same as you
and your representative.The Tribunal members
will ask you (or your representative) to present your case. They will
ask you lots of questions about your condition, so that they can make
their decision. Give as much information as possible.
At the end of the hearing, the chair will ask you if you or your representative
have any further ccomments. If you think there is something that has
been missed out, talk about it here.
Afterwards
When the hearing is complete, the Tribunal will ask everyone to
wait outside, while they come to a decision.
When they have made their decision, you or your representative return
to the Hearing room, to be told of the decision. The details will be
sent to you at a later date.
One Voice can represent people living in Wolverhampton or the surrounding areas
- contact the office for an appointment.
Other agencies, such as the Citizens
Advice Bureau can also help you with your case.