Disability Living Allowance Claiming and challenging decisions

DLA from Claim to Award Claim pack sent. Can take up to 11 weeks to get a decision

If you disagree 3 options if you disagree with the decision: Accept the decision Ask for revision Appeal

Revision deadline One calendar month from date on decision letter to challenge (the dispute period) Can request a written copy of reasons for the decision, which adds two weeks to the dispute period

Revision process Write to request a revision of the decision Gather supporting evidence for your claim and send it to Disability & Carers Service A decision maker looks at decision again – can take up to 11 weeks

Supporting evidence Audiologist Speech & Language Therapist Close family member or friend Teacher of the Deaf Detailed diary Reports taken from the Statement of Special Educational Needs Individual Education Plan

Revision outcome Decision maker can change decision or leave it as it is Benefit can be increased, reduced or removed Right of appeal to independent tribunal if you disagree with the revised decision Deadline of one calendar month from date of revision decision to appeal Send form GL24 or write to Disability & Carers Service to appeal

Appeal process Further revision carried out, can increase, reduce or take away your DLA If decision changed in your favour the appeal stops One calendar month deadline to appeal the new decision

Appeal process If decision not revised in your favour the Disability & Carers Service send the appeal to the Tribunal Service (TS) Disability & Carers Service send bundle of papers for the appeal to you and to TS TS send enquiry form to you about practical arrangements. Deadline of 14 days to return the form or your appeal can be struck out (closed).

Enquiry form Asks practical questions, eg: Do you want an oral or paper hearing? (we advise an oral hearing for most cases) Who will be attending the hearing? Any dates you cannot attend Who will be representing you? Do you need an interpreter?

Appeal hearing Tribunal of 3 people: Legally Qualified Tribunal Judge Medical Member Disability Member

Appeal hearing Clerk to tribunal takes no part in the decision but does administration. DWP may send a presenting officer. Presenting officer was not involved in the decision and shouldn’t be hostile to your case

Appeal hearing Tribunal has to find out facts and see how they fit with the law Tribunal will ask you questions to find out about your child’s needs Even if you have a representative, you will do most of the talking because you know your child

Appeal hearing Hearing takes about 20 to 30 minutes You will usually be given the decision on the day Tribunal can increase, reduce or leave your award as it is Tribunal can alter the length of your award

Further appeals If you are still not happy with the decision the next step is to appeal to the Upper Tribunal Appeals to Upper Tribunal can only be made on points of law, with permission Get advice from a welfare benefits worker if you want to appeal to Upper Tribunal

The National Deaf Children’s Society Factsheets and guidance notes Network of Family Officers Benefits Appeals Advisers Information on welfare benefits from point of claim to tribunal

The National Deaf Children’s Society Freephone Helpline