Turned down for DLA/AA? Think you're not getting enough?
Download Turned down for DLA/AA? Think you´re not getting enough? (376K)
'I've received a huge pack of papers! What do I do?'
Don't be alarmed by the number of papers. It is just copies of everything that they based their decision on. For now, put the papers to one side - we'll come back to them in the next section. First, you must deal with the form.
The form
It is very important that you send this form back within 14 days. If you can't send it within that time, send it as soon as you can, and explain that the delay was caused by your disability. It is very easy to complete. It asks you:
o if you want an oral or a paper hearing.
o if you have a representative.
o f you are willing to be given a date for your hearing at short notice.
o If you have any further evidence, and if so when you will send it in.
o If you will need any sort of communication support at the hearing.
We explain what you need to know in order to make these decisions below.
This form also tells you which tribunal centre is dealing with your appeal. Keep it safe.
Don't be alarmed if the tribunal centre is far away. It may be that your hearing will be held somewhere nearer you, and that the tribunal centre is just organising it. If you are worried, phone and ask.
Oral hearing or paper hearing?
You need to think carefully about whether to ask for an oral hearing or a paper hearing.
At an oral hearing you go and tell the three members of the panel face-to-face how your disability affects you.
A paper hearing is when the panel just look at your claim form and your appeal letter and any other evidence again on their own.
Almost everybody, when given these two options, wants to choose the paper hearing - because it seems less scary. However, you are much more likely to win if you go and speak to them face to face. It gives them a chance to meet you and see and hear for themselves how your disability affects you, and gives them the chance to ask questions.
Remember, your claim form has already been looked at twice and each time the DWP have made the wrong decision. It may be that there simply isn't enough information in the papers to support your case.
An oral hearing won't be like going to court, or like something you have seen on the telly. In fact, it looks like a rather boring office and everybody is wearing normal clothes. You will sit on one side of the table and the three members of the panel will sit the other side. If it helps you, you can take somebody with you for moral support.
We strongly advise you to ask for an oral hearing. If you really can't go to a hearing because of your disability, you may be able to get the panel to come to you. You will need a letter from your GP.
If you choose a paper hearing despite this, you will need to get as much new evidence as you can - see 'What do I need to do before the hearing?'.
Are you willing to be given a date for the hearing at short notice?
You should get at least 14 days' notice of the hearing, unless you agree to accept less. It is up to you whether you do this.
If you say that you do not need 14 days' notice, make sure you get all the evidence you need ASAP.
Further evidence
It is usually possible to get further evidence (perhaps from a GP or social worker, or evidence that you write yourself) - and this is often very useful. We'll explain how to go about this in the next few pages. For now, just write on the form that you will get further evidence, and that you will send it in as soon as possible. Don't set yourself a deadline.
Ideally, you should send any evidence at least a week before the hearing - but if it only arrives last minute, you should send it as soon as you can, or even take it with you on the day.
Do you have a representative?
If you have not already tried to get help and advice do so now (See ´what if I don´t have an adviser?´). An adviser may be able to come with you and represent you - this is what they mean by 'representative'.
If you don't have a representative, don't worry. The most important thing is that you go to the hearing. Nobody knows more about how your condition affects you than you.
Do you need any help with communication?
If so, you have a right to professional help - such as an interpreter, signer, lipspeaker, or speech-to-text reporter at the hearing. If you can sometimes cope, but sometimes need help, ask for help. It is important that you can say everything you want to say, and can understand everything that is said, at the hearing. Tell them what type of support you need.
´What do I need to do before the hearing?´
Writing useful evidence for Disability Living Allowance and Attendance Allowance appeals
´What should I do on the day?´
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