Appealing a DLA decision

Before appealing, you must first ask for mandatory reconsideration.

This means asking the Department for Work and Pensions (DWP) to take another look at your claim.

If DWP stand by their original decision, you can appeal to an independent panel known as a tribunal. This panel isn’t part of DWP.

You’ll be asked to go to a hearing to explain more about your child’s condition and put your case forward.

Many people have their original decision overturned. Just remember, it’s possible you could end up with less DLA than you were originally awarded, or nothing at all. 

It’s a good idea to get help from Citizens Advice or a disability charity like Scope if you’re planning to challenge a decision.

You can challenge any decision about your child's DLA claim after you’ve asked for mandatory reconsideration.

Just be aware, the tribunal won’t consider changes in your child's condition since you applied for DLA.

You must submit a new claim if your child’s needs have changed.

To appeal, you’ll need:

• your 'mandatory reconsideration notice' – if you can't find it, ask DWP for a new one
• an appeal form – this needs to be submitted within a month of the date on the mandatory reconsideration notice

You can find and submit the appeal form on the government website.

Or you can post a completed copy of the SSCS1 form or write a letter asking to appeal.

Use your decision letter and mandatory reconsideration notice to:

• list each statement you disagree with
• explain why you disagree
• use supporting evidence, including facts and examples

You can use the same points and evidence as submitted for mandatory reconsideration.

The tribunal hearing 

When you submit your appeal, you can either ask for an ‘oral hearing’ or a ‘paper hearing’.

You attend an oral hearing in person, by phone or via video call. A paper hearing happens without any further input from you.

An oral hearing may give you a better opportunity to explain your case and a higher chance of success.

During an oral hearing, you can:

• speak directly to the tribunal about your child's condition
• offer extra context not provided in your written appeal

What if I can’t make the tribunal hearing?

Let the tribunal know any dates you can’t make in your written appeal, as hearings are hard to reschedule.

What if I need extra support?

You should also list any extra support you’ll need at a hearing, like a sign language interpreter or wheelchair access, in your written appeal.

If you complete an online appeal, you’ll click a button to submit it.

If you fill in a paper copy of the SSC1 form or write a letter, you should send it to HM Courts and Tribunal Service, along with:

• a copy of your mandatory reconsideration notice
• any extra evidence (you can send this later if needed)

Use recorded delivery if possible. If not, get proof of postage.

HM Courts and Tribunals Service will check your form or letter and ask for a written response from DWP within 28 days.

Then they’ll send you:

• a copy of DWP's response and evidence
• information on next steps
• details of your hearing (if you asked for an oral hearing)

What if I miss the appeal deadline?

It's still worth submitting an appeal if you miss the one-month cut-off. You can do this up to 12 months after the deadline, but you'll need to explain why your appeal is late e.g. you were ill. 

• Contact the tribunal ASAP if you need to change the date or time.
• Read all the information they provide so you know what to expect.
• Send any evidence through before the hearing.
• Feel free to bring a friend or relative along for support.
• Your child doesn’t need to go to the tribunal.
• Ask the tribunal how to claim any expenses.

What to bring to the hearing

On the day of the hearing, remember to bring:

• your appeal papers
• two copies of any new evidence to share with the tribunal
• notes on everything you want to mention
• receipts for any expenses you want to claim back

The appeal hearing is less formal than a courtroom. You won’t see anyone in wigs or gowns, and the atmosphere is generally relaxed.

Instead, expect a small setting with a panel made up of:

• a legally qualified judge
• up to two independent people, including a doctor

A DWP representative might be there to explain their decision, but they won’t have the final say.

Stages of a hearing

• The judge will introduce the panel and explain their role.
• You’ll be asked questions about your reasons for appealing.
• If a DWP representative is present, they will also present their case.
• You’ll have the chance to provide extra information.
• Your relative or friend can contribute if you forget anything.
• You’ll be asked to leave the room while a decision is made.
• You’ll be called back and told the decision.

If your appeal is successful, you’ll usually get written confirmation within a day or two.

Your payments will be backdated to the start of your claim.

If your appeal is unsuccessful, you’ll get a guide about your options.

If you think the tribunal made a legal error, you might be able to appeal to the upper tribunal but it’s important to get advice before you do that. You can’t appeal just because you don’t agree with the decision.

You can reapply for DLA and begin the process again. But you’re unlikely to get a different outcome unless your child's condition has changed.