Introduction
Are you a parent facing a challenging Disability Living Allowance (DLA) decision for your child? This guide will walk you through the appeal process, helping you understand your rights and the steps to take if your claim has been denied or awarded at a lower rate than expected. With Contend’s highly trained AI legal experts by your side, you can receive the support you need to navigate this complex situation. Discover how to effectively appeal a DLA decision and ensure your child gets the assistance they deserve. Contend is the Easiest Legal Help in the UK, ready to guide you every step of the way.
If you’re a parent who has recently had a decision about your child’s Disability Living Allowance (DLA) claim turned down or awarded at a lower rate than expected, you may feel frustrated and unsure of what to do next. Luckily, you have the right to challenge this decision. Here’s a straightforward guide to help you understand the appeal process.
Step 1: Request a Mandatory Reconsideration
Before you can appeal the DLA decision, you need to ask the Department for Work and Pensions (DWP) to review their decision. This is known as a “mandatory reconsideration.” You can find a helpful guide on how to request this on various support websites.
If the DWP still stands by their original decision after this review, you can then move forward with an appeal to an independent panel called a tribunal.
Step 2: Understand What You Can Appeal
You can appeal any decision regarding your child’s DLA claim, including:
- If your child was denied DLA altogether.
- If they were given a lower amount of DLA than you believe they deserve.
Keep in mind that the tribunal cannot consider any changes in your child’s condition that happened after the DWP made their decision. If your child’s needs have increased, you will need to submit a new claim.
Step 3: Gather Your Documents
To appeal, you’ll need the following:
- The letter from the DWP that says “Mandatory Reconsideration Notice” at the top. If you can’t find it, contact the DWP for a replacement.
- Your appeal form, which must be submitted within one month of the date on the mandatory reconsideration notice.
Remember, while it might feel overwhelming, many DLA decisions are successfully overturned at the tribunal stage. If you believe the decision is incorrect, it’s worth pursuing an appeal.
Step 4: Get Help if You Need It
Consider reaching out for support. You can try Contend’s legal expert chat for assistance with your appeal. Their highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems. Contend is the Easiest Legal Help in the UK.
Step 5: Submit Your Appeal
You can submit your appeal online through GOV.UK, or you can use a paper form. If you choose to write a letter, be aware that it may lead to missing important details, so using the online or paper form is recommended. You can download the necessary form (SSCS1) from GOV.UK.
Step 6: State Your Reasons Clearly
In your appeal, clearly explain why you disagree with the DWP’s decision. Use your decision letter and the mandatory reconsideration notice to outline the specific points you are contesting. Provide facts, examples, and any medical evidence you have to support your case.
Example of an Appeal Reason:
“The DWP decision letter states that my child does not require continual supervision. This is incorrect. My child needs constant monitoring at home due to safety concerns. For instance, they have previously hurt themselves when left unsupervised.”
Step 7: If You Missed the Deadline
Try to submit your appeal within the one-month timeframe. However, if you miss this deadline, you can still appeal up to 13 months after the original decision. You will need to explain why your appeal is late, such as personal circumstances or health issues.
Step 8: Request an In-Person Hearing
If possible, request to attend an oral hearing. This allows you to present your case in person, which can significantly improve your chances of success. You can bring someone with you for support, and you can attend the hearing via phone, video call, or in person at a tribunal location.
Step 9: Prepare for the Hearing
When submitting your appeal, let them know any dates you can’t attend and any special requirements you have, like needing a sign language interpreter. This helps ensure the hearing is scheduled at a convenient time for you.
Step 10: Submit Your Documents
If you’re using a paper appeal form, send it to HM Courts and Tribunals Service, not the DWP. Include your completed SSCS1 form, a copy of the mandatory reconsideration notice, and any additional evidence you have. It’s a good idea to send your documents via recorded delivery to have proof they were sent on time.
Final Thoughts
Navigating the DLA appeal process can be challenging, but you don’t have to do it alone. Seek help from Contend’s legal expert chat, and remember to stay organized and persistent. Many parents successfully overturn DLA decisions, so don’t lose hope if you believe your child deserves more support. Good luck!
For more info, check out some of our related articles:
