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You can ask for an appeal online or you can use a paper form. 

You can find both at Submit your appeal on GOV.UK

Both are easy-to-use and understand. If you use the online version, a record of what you have said is sent to your email address. If you use the form, try to keep a copy, or take a photo of each page with your phone.

No matter which you use, there are three things that you should be aware of.

 

  1. You need to explain what you disagree with and why. 

    If you used our work capability assessment mandatory reconsideration tool to produce a letter, go to your email and find it. 

    Look at your decision letter. For the first activity that they didn’t award you the correct amount of points for, tell them what it is that you don’t agree with (for example, that they said you can cope with a minor unplanned change, when you cannot). And then you can copy and paste the wording from your mandatory reconsideration request letter that explains the difficulties you have with that activity (for example, I cannot cope with minor unplanned changes as I get very stressed and feel that I cannot cope. If the bus stop is closed for example, I will get upset and need to go home.) 

    (For less confident computer users, you do that by highlighting the text you wish to copy and pressing ctrl and C at the same time. Then go to where you want the text to appear and press ctrl and V at the same time).

    Repeat this for each of the activities you don’t think you have received the correct amount of points for.

    If you haven’t used our tool, look at your decision notice and the list of activities and descriptors on How limited capability for work points system works. Add each activity you don’t think you have scored the right number of points for, and explain all of the difficulties that you have with that activity and what help you need (remember it doesn’t matter that you don’t get any help).

    Remember to tell them ways in which not being entitled to the benefit or not being put in the right group would put you at substantial risk of harm (see How limited capability for work points system works for a reminder of the ‘substantial risk’ rules).

     

  2. If your appeal is not within one month, appeal anyway.

    You just need to explain why the delay was unavoidable or a result of your disability (for example, if you were unable to deal with it until now because you need help to deal with your post, or you have been particularly unwell).

  3. Choose to attend the tribunal hearing. 

    You will be asked whether you want to attend a hearing or whether you want the case to be decided on the papers alone. Almost everybody wants to choose the paper hearing because it seems less scary. However, you are much more likely to win if you have a chance to speak to them. Don’t worry, it will not be nearly as frightening as you might think. These days many hearings are happening via video or telephone – so you may not have to actually ‘go’ anywhere.

    Most people win their appeals without needing new evidence, just by attending the hearing and answering questions about their disability or impairment and how it affects them.

    When you ask for an appeal online, you are asked if you would like to be able to save the appeal and continue later. In order to do this, you will need to set up an account. If you say yes and provide your email address, you will be sent an email enabling you to register for the Manage your appeal service. This service lets you keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to). It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled. See Prepare for a work capability assessment appeal hearing for other ways to sign up.

Help to appeal online

If you need help to ask for an appeal online We Are Group will help.
They can help with access to a device, or data, or provide guidance and reassurance on how to use the online service.
If you would like their help

They will respond within 2 working days.

Easy to follow and lots of advice. Great if you need to challenge a decision on your own. Helped my Dad get his decision overturned at appeal.

Mina

The HMCTS will send a copy of your appeal to the DWP and ask them to explain how they came to their decision. The DWP must do this within 28 days, although they can ask for an extension. You will receive a copy of their response in your appeal bundle.  

Don’t be put off by the size of it. It is often around 80-150 pages. Keep it safe. You will need it to prepare for your hearing.

You should start preparing now.  

If the DWP call you to offer a higher award

Sometimes the DWP recognise that you will win your appeal and phone you up to offer you a higher award. If this happens to you, accept their offer if you believe it is what you are entitled to. If it is lower than the award you were hoping for, accept the award and then appeal that decision (without asking for a mandatory reconsideration). This will give you more to live on while you wait for your appeal. 

If they didn’t explain that you could appeal this new decision or you felt they were trying to put you under pressure to accept, please tell us via our survey.

Working with Public Law Project and Advicenow users, we took the DWP to court over this and won so that they had to make this practise fairer.

Just started looking for advice to appeal. Sounds very reassuring. Hoping it all turns out well in the end.

I. Turner

Find the appeal form or ask for an appeal online

You can find both the online system for asking for an appeal and the latest form to use if you wish to do it by hand/post at Submit your appeal on GOV.UK.

Speak to the DWP

Universal Credit

Telephone: 0800 328 5644
Textphone: 0800 328 1344
Monday to Friday, 8am to 6pm

Many people have reported a very frustrating experience when phoning the Universal Credit helpline as the call centre staff don’t seem to be trained very well.  It might be better to contact via the Universal Credit journal. If you select the "payments " option on the journal message filter the message will go to the case manager who will be better placed to help you. 

More information about appeals

GOV.UK

Benefit appeals come under the section known as the Social Security and Child Support Tribunal. You can find details about how to appeal, how to claim expenses, appeal venues and how to get to them, as well as other information about the appeal process on GOV.UK.
 

Citizens Advice

Citizens Advice have some helpful information about  Universal Credit and the work capability assessment, how claims are assessed, and how to appeal. 
www.citizensadvice.org.uk

WCAinfo

WCAinfo is really helpful if you are trying to find out a bit more about what a particular descriptor or regulation means. It’s by LASA and aimed very much at advisers, so it gets a bit complicated, but the introductory information is useful for lots of people.

Youre able

You're able is an online community of and for disabled people with some really useful and supportive forums. Run by the Disabled Living Foundation.

Find an adviser

See How to find an adviser to help with your disability benefits.

Disclaimer

The information in this guide applies to England and Wales and Scotland. It will also be useful for people in Northern Ireland. The law is complicated. We recommend you try and get advice from the sources we have suggested if you can.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

If you would like this guide in another format please email guides@lawforlife.org.uk

Acknowledgement

This guide was written and updated by Advicenow.

Advicenow would like to thank all those who provided advice and feedback on this guide, particularly David Shah who peer reviewed this edition of the guide.

Thanks to the Ministry of Justice for funding this update. 

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