APPEALS PROCESS, LEGAL PROCEDURES, REVISIONS AND APPEALS |
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Appeals process, legal procedures, revisions and appeals, tribunals, benefits agency, how to appeal against a decision when claiming benefits
Previous page about gathering evidence. Whichever you do there is a time limit the Benefits Agency must receive your request within one month of the date on the letter giving you the decision. The decision letter will advise you of what the law is in this regard. There are limited circumstances in which a late request can be granted, but it isn't easy and you may need to seek advice, it is best not to go this route if you can help it. Remember this may sap all your strength so you need tenacity to get to the end of the process. If you write or telephone asking for a revision you are simply asking the Decision Maker to look at the matter again. I dislike this situation as I feel that it is bit like one office worker throwing your file to a colleague sitting at the desk opposite and asking them to have a quick look at your file. Chances are that the colleague will come to the exact same decision. That is not an APPEAL. Although when you speak to people they think it is an appeal. It is in the mind of the poor applicant. They think they have appealed but the reality is that this is a sham designed to fool people into thinking they have done what is necessary. You may put through to, or telephoned at home by, the Explanation Team who will explain to you how the decision was reached and may attempt to persuade you to withdraw your challenge by telling you that your condition is not severe enough for an award, or a higher award, to be made. If this happens to you tell them you do not wish to have an explanation or you can listen to it but insist on carrying on with your challenge anyway. Do not be intimidated by them. If all else fails hang up and write a letter explaining what you want. If you appeal instead of asking for a revision your claim will automatically be looked at again in any case before the appeal papers are prepared, so there really is no advantage in asking for a revision. If you give up at the revision stage they have won, you have lost. Perhaps you didn't really want the money. If you do want the money you need to fight for it. Read on. Lodging an appeal If you do decide to lodge an appeal the most important thing is to do so within one month of the date on the decision letter. Get a copy of booklet GL24 If you think our decision is wrong, which explains the appeals process and also includes an appeal form which you can tear out and complete. You can get the booklet from your local DSS office, jobcentre or advice agency. The appeal form asks for:
As you will have been given very little information about why you have not received an award it can be difficult to explain why you disagree with their decision. Your first action is to GET THE EVIDENCE. Write for a copy of the paperwork. In that paperwork you will have the Decision Maker's decision. It is this you are appealing against. Try writing in the following manner. "I wish to appeal against the decision not to award me Disability Living Allowance. I consider that I provided enough evidence for an award to be made. I do not consider that the Decision Maker took full account of the severity of my condition or of the way that it affects my everyday activities and bodily functions. I wish to have an oral hearing so that I can explain the full effects of my condition to a tribunal and answer any questions they may wish to ask. Please do not ask me to provide further details of my grounds of appeal as I will not be able to do so until I have been provided with a full copy of the papers and had the opportunity to try to get independent advice and support." Remember it is a legal process. Effectively you are challenging what has been used to deny your application, not the original information you provided but the new information ie the decision maker's opinion. If you have followed what is recommended in fighting a legal system then you shouldn't need to be reminded that you must keep a copy of your appeal form and note in your claim file and the date that you sent it. You should receive a letter from the Benefits Agency acknowledging your appeal. It will tell you that they are going to look again at the decision and that they will either change it and let you know their new decision or leave it unchanged and send your appeal on to The Appeal Service. If you don't get an acknowledgement within 14 days write and ask for written confirmation they have received your appeal. The benefits appeals process and court procedures
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