dla appeal

Indiangirl

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DLA tribunals have a panel of three, a Judge, a lay person with experience of disability issues and a doctor, each of the panel members will be asking you problems about your dare and mobility problems, most of the questions will come from the lay person and the doctor.

It is not intended to be an interrogation, but it may seem like it at the time, but they will be patient with you so take your time to answer and try not to be intimidated by the situation.

The questions will cover the areas that you described on your DLA claim form, so it would help you if you go over what you said the night before, it might also help if you have a look at our DLA Claim guides which explain the criteria in more detail. See

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

you might also want to have a look at the following fact sheets.

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

Good practice for those appealing

If you have any specific questions then please reply to this post and we will do our best to help.

Gordon

Indiangirl wrote: Hi I didn't win my appeal they removed my award that I was getting as well what can I do next or is there anything can I reaply straight away or do I have to wait

Unfortunately there is nothing you can do immediately in regard the DLA claim to re-instate it.

It may be possible to have the Tribunal Decision overturned by appealing to the Upper Tier Tribunal, if you can show there was an Error of Law in the Proceedings, for example; as your current award was removed as well, did the Judge warn you that this was a possibility and offer you the chance to withdraw your appeal, failing do so may may constitute an Error of Law. See

What is an Error of Law?

If you can, try and get face to face advice from an advisor with experience of UTT appeals, Legal Aid is available. Do an internet search for "welfare advice" with your postcode, town or county.

The first stage of an appeal to the UTT is to request a Statement of Reasons and the Record of Proceedings from the judge, see

Tribunals – Requesting a Statement of Reasons

You should expect it to take at least 3 months for the to be done and it could take a year or more before a UTT hearing is carried out, assuming that you have grounds to appeal.

You can make a new claim for PIP immediately, unless you are not on the UK mainland when it may still be DLA, the criteria are different from DLA although they cover the same basic areas, for many claimants PIP will be a harder benefit to be awarded than DLA but for some it may actually may be easier, have a look at our PIP Claim guide for more details.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon