Challenging a DLA decision - what you need to know

If you made a claim for DLA for a child and didn't get the award that you think they were entitled to, don't give up. This guide will help you challenge the decision by asking the DWP to look at their decision again - a 'mandatory reconsideration’. If they don’t change the decision straight away, we also have help that will show you how to successfully appeal the decision.

This information applies in England and Wales, and will be helpful for claimants in Northern Ireland and Scotland as the rules are the same.

Last updated: February 2024

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Unfortunately, it is hard to get much help from an adviser with your mandatory reconsideration. Most people have to do most or all of the work themselves or with the help of their family and friends.

That is why we made our DLA mandatory reconsideration tool – to make it easy for you to write a really good letter that sets out your case. Our research shows that using our tools more than doubles your chances of getting the decision changed at mandatory reconsideration stage.

You are supposed to ask for a mandatory reconsideration within one month from the date on the letter, but do not worry. If one month has already passed, you should still ask but explain why you could not do it until now.

Don’t be put off if the decision is not changed – most people then succeeded in their appeal.

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Please tell us about your problem. Knowing more about our users and what you found useful helps us get funding to keep our website going. We also want to hear if there is anything you didn’t like or couldn’t find so that we can be even more useful. It is OK to skip questions – but please press ‘submit’ at the end as otherwise we don’t get your response.

“

This website is really good and the letter tool is just brilliant. I can't recommend it enough. Made a complicated procedure seem manageable. We won our appeal and the money makes a massive difference to mine and my daughter's life.

Kate

“

This is a very clear and concise guide. I feel confident in going forward with what I know in my heart to be true. Thank you for the boost and subsequent motivation to take the necessary steps. I shall be sure to share this advice to other parents experiencing the same difficulties.

Sharyn

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We have built a tool that helps you to write the letter asking the DWP to look at their decision again for you - our DLA mandatory reconsideration tool.

You are supposed to ask the DWP to look at their decision again within one month of the date on the letter they sent you about your DLA claim. If one month has already passed, you can still ask (up to 13 months) but they don’t have to accept it. It will help if you explain that the delay was unavoidable or a result of your child’s disability. Longer delays will need better reasons.

You can ask for a mandatory reconsideration over the phone, but it is better to do it in writing. Only do it over the phone if you are about to miss the deadline. Keep a record of any calls you make, and copies of letters and evidence you send.

If you have any more evidence that you think will help (for example, a letter from one of your child’s doctors, or a support worker or teaching assistant at school) send that too. It doesn’t have to be a letter they wrote for this purpose - a letter from one of your child’s doctors updating another, or a copy of your child’s EHCP will also be helpful.

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Bad day myth

Lots of people believe that you should describe the help your child needs on their worst days as if they need this level of help every day. This isn’t true. If you do this, it will look like you are exaggerating and they won’t believe you when you are not exaggerating. Instead say what it is like on most days. If it is a lot worse on bad days, explain that and explain how often your child has them.

Don’t be put off!

Some people find that, after they have put a mandatory reconsideration request in, they get a phone call from someone at the DWP who tries to explain why they think they have made the right award. If this happens to you, be polite but don’t let them put you off.

Some people are also told that they need to provide further medical evidence in order to have a chance of getting the award changed. This isn’t true. Anything that gives information about your child’s support or care needs can be relevant. It is also possible to win an appeal without any further evidence or information.

Remember, any advice given to you about your claims by the DWP may be incorrect.

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The DWP can take as long as they like to respond to the mandatory reconsideration request.

If you have not heard back after 6 weeks, you should ring them and find out what is happening. Ensure they have recieved it and are dealing with it as a mandatory reconsideration. Call them back every 4 weeks for an update.

If you haven't heard after 10 weeks, consider making a complaint about the delay.

If they have changed their minds, congratulations! Your benefit will be backdated to the date you claimed.

If they didn't change their decision, or they did but still didn't give you the amount you think your child is entitled to, remember that you can appeal. You need to tell them within one month.

If one month has already passed, you can still ask for an appeal (for up to 13 months). Explain that the delay was unavoidable, or a result of your disability (for example, if you were unable to deal with it until now because meeting the needs of your disabled child takes up all your spare time). See ‘Appeal a PIP decison’.

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Don’t be downhearted if they didn’t change their minds - they often don’t, even where it appears to be clear that they are wrong.

Most decisions aren’t changed at this stage, but are changed when you go to appeal.

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