You can appeal any decision, revision or supersession
You cannot appeal if the DWP refuses to supersede the original decision
Your appeal must be in writing and must give the grounds for your appeal.
The stages
You appeal- the DWP see if they can revise the decision
If they revise the decision to your advantage (increase the rate) then your appeal lapses and you have to start again with a new appeal
Time limits
One month after the decision, or six weeks if you have asked for a written statement of reasons
Grounds
You can't appeal if your appeal is misconceived ie "frivolous or vexatious or obviously unsustainable and has no prospect of success."
If the DWP think your appeal is misconceived and you disagree then a preliminary hearing will be held.
If the tribunal decide that your appeal is not misconceived then the DWP has to consider revising or superseding their decision.
If the Tribunal agree with the DWP then your appeal will be struck out
What the Tribunal does
The job of the Tribunal is to make sure that the law has been correctly followed, to do this they will look at the facts of your case and apply the law to those facts. The Tribunal only looks at the facts that are put before them so it is really important to make sure that your case sets out all the relevant details.
Tribunals have the power to decide whether apellants are legally entitled to benefits, they can replace the decision maker's original decision with one of their own. Please note that this can result in a lower rather than a higher award being made.
The tribunal cannot change the law, it can only make sure that the existing legislation has been appropriately applied to individual cases.
The tribunal cannot deal with adminsitrative complaints such as rudeness or delay, these matters should be dealt with via the DWPs complaints procedure.
Representation.
Each appellant is entitled have a representative to present the case before the tribunal. Those cases where representatives are used stand a much better chance of success. A good representative will-
Our specialist advice page gives guidance on finding free specialist representation.
A representative will need the appellant's written consent to act on their behalf
Paper Hearing
You don't have to attend the appeal hearing, you can rely on the written evidence that you send in. We would strongly advise you to attend the hearing if this is at all possible- your chances of success are much greater if you attend the hearing in person. Your chances are also increased if you choose to have a representative to speak on your behalf*.
Oral Hearing
Tribunal hearings are held in public although it is very unusual for any member of the general public to attend.
The Tribunal will often discuss matters you would wish dealt with in private and you may ask for a private hearing.
The Chairman can also direct a private hearing in the circumstances laid down in the procedural rules.
The Tribunal will consist of 3 members. A legally qualified Chairman, a Doctor, usually a GP, and a person who has experience of people with disabilities, and who themselves may be disabled.
What Happens at the Tribunal
The Tribunal Chairman will set out how he or she intends to conduct the hearing. The Chairman may ask you to give evidence on oath or affirmation.
You or your representative will be asked to explain why you think the DWP decision is wrong.
The DWP Presenting Officer will be asked to say why they think they've got it right.
You may be asked questions by the Tribunal members.
You usually are given the opportunity to have the final word before the Tribunal makes its decision.
Hearings usually last between 40 minutes and one hour.
The Appeals Service website states- " However the appeal hearing actually proceeds, the aim of the Tribunal is to provide a reasonably informal setting in which everyone and in particular you, the appellant, has an opportunity to say everything you wish to say to the Tribunal so that it has as full a picture as possible when it comes to make up its mind. It is likely that it will not have a full picture if you do not attend. If you have any documents that you wish the Tribunal to look at and which have not been handed to the clerk then you should tell the Tribunal at the beginning of the hearing that you have these with you. If, as you go along, there is anything you are not clear about you should ask the Chairman to explain and they will try to help. Whether or not you are represented you can bring with you a friend, relation or carer to sit with you in the Tribunal room. If you wish them to say anything to the Tribunal which you think will help your case then this will be all right. Again it will help if you tell the Chairman at the beginning that you would like them to speak." (emphasis added)
Appealing a tribunal decision.
A tribunal decision can only be appealed to the Social Security and Child Support Commissioners. In order to launch an appeal the appellant must have requested a written statement of the tribunal's reasons for its decision and applied to the tribunal chairman for permission to appeal.
For all disability benefits an appeal to the Comissioner can only proceed if the tribunal decision was wrong in law. The Commissioners' web site gives the following as examples of where the tribunal may be wrong in law-
This list is not exhaustive.
Footnote
*For Attendance Allowance 51.2% of oral hearings were decided in favour of the appellant and only 25.7% of written hearings were successful. 66.6% of hearings where the appellant was accompanied were successful.
For Disability Living Allowance 55.2% of oral hearings were decided in favour of the appellant and only 28.7% of written hearings were successful. 65.2% of hearings where the appellant was accompanied were successful.
(Source DWP Analytical Services Division Quarterly Appeal Tribunal Staistics March 2006)