Challenging a DLA decision - appealing the decision
Before you can appeal, you must have already asked the Disability and Carers Service to look at the decision again - this is called ‘mandatory reconsideration’. You can read our guide on how to ask for mandatory reconsideration.
If you got your decision before 23 May 2016
If you got your decision before 23 May 2016 and you think your decision is wrong, you must follow a different process to appeal.
If the Disability and Carers Service didn’t change their decision when you asked for mandatory reconsideration, you can appeal to an independent panel called a tribunal.
The tribunal will look at your evidence and hear what you have to say, then will make a decision. The tribunal is independent - it’s not part of the Disability and Carers Service.
If you appeal, it’s possible that you could end up with less DLA than you were originally awarded, or nothing at all. We recommend that you get help from Citizens Advice if you’re about to challenge a decision.
When you can appeal to a tribunal
You can appeal any decision made about the DLA claim for your child. Some of the most common reasons are:
- you didn’t get awarded DLA
- you got a lower rate of DLA than you expected
The tribunal can’t consider whether your child's condition has got worse since the decision you’re challenging was made. If your child's condition does change and they need more care or supervision, then you’ll have to make a new claim.
To appeal to a tribunal, you’ll need:
- your letter with the words ‘Mandatory Reconsideration Notice’ at the top - if you’ve lost it, ask them for a new one
- to send your appeal form in within 1 month of the date shown on the mandatory reconsideration notice
The process can be draining but it’s worth remembering that many DLA decisions are overturned by tribunals.
It’s worth appealing to a tribunal if you think their decision is wrong.
Fill in the appeal form
Fill in an appeal form, called NOA1(SS). You can download the NOA1(SS) form and guidance notes from nidirect . Make sure you complete the whole appeal form otherwise your appeal could be rejected.
You can also phone the Appeals Service and ask them to post you a form.
The Appeals Service
Telephone: 028 9054 4000
Explain why you’re appealing
The most important part of the form is ‘Section 3: Grounds for appeal’. In this box you need to give the specific reasons why you disagree with the decision.
Use your decision letter and mandatory reconsideration notice to list each of the statements you disagree with and why. Give facts, examples and medical evidence (if you have any) to support what you’re saying.
You might have done this already when you wrote your mandatory reconsideration letter - if so, you can use the same examples and pieces of evidence again.
You can include all this information on a separate sheet if you’d prefer, just write ‘See enclosed information’ in the Section 3 box and attach any papers securely to the form.
Example of a Section 3 response
"The decision letter says I’m not entitled to DLA because my child doesn’t need continual supervision to avoid substantial damage to himself or others. This is incorrect. When my child is at home I have to be in the same room with him at all times because he can hurt himself when I’m not there to watch him. He often throws fits - in the past he has knocked heavy things off shelves and hit his head on furniture. This could cause him substantial damage. He needs continual supervision to avoid damage to himself."
If you’ve missed the appeal deadline
You should do everything you can to avoid missing the deadline. If you have missed the deadline, you can still send in the form up to 13 months after the date of the original decision. In Section 2 you’ll need to explain why it’s late (for example, if your child was in hospital or if other personal circumstances made it impossible to return the form in time).
Send the form
Send your documents to The Appeals Service (TAS), not to the Disability and Carers Service. The address is on the form.
You should include the following:
- the completed form
- a copy of your mandatory reconsideration notice
- any further evidence you have, although you can send this later if you need to
Post your appeal documents by recorded delivery if you can. Otherwise ask for proof of postage when posting the documents. This can help you later if the tribunal service says you didn’t meet the deadline or if the letter gets lost in the post.
After you send the form
If TAS accepts your appeal it will notify you that your appeal is being processed and has been forwarded to the Disability and Carers Service for their response.
They will send you an enquiry form asking for more information about your needs for the appeal hearing, including whether you want to have a 'paper hearing', which you don't attend, or an 'oral tribunal', which you do attend.
You have 14 days to reply.
TAS will then send you:
- a copy of the Disability and Carers Service's response and any evidence they've used to make their decision (this is sometimes called the 'bundle')
- information about what happens next
If you have asked to have an oral hearing, they will give you at least 14 days' notice of the date, time and location of your tribunal hearing.