DLA Appeal

Tippytoes

Does anyone have an idea of the % of appeals that are successful? DWP have said they will do a review (for a 2nd time) before appeal paperwork is passed to tribunal. How many goes do they need? Or is it "he who dares wins"? Not personal to me, but just curious about A.N. Other's battle.

debbie_doo

hi there,

I have read a lot of info online which suggests that about 50% of appeals are successful which can increase to 70% if you take a representative with you on the day. DWP can review the decision twice only before referring your case to the tribunal service. Hope this helps

rogerblack

debbie_doo wrote: »

hi there,

I have read a lot of info online which suggests that about 50% of appeals are successful which can increase to 70% if you take a representative with you on the day. DWP can review the decision twice only before referring your case to the tribunal service. Hope this helps

http://www.whatdotheyknow.com/request/51655/response/133505/attach/html/2/Mr%20John%20Shaw%20FOI%2067938.doc.html says that around 40% (up till 2010) were overturned at tribunal.
However, this will not include the number of people who got a reconsideration by the DWP.

This has fallen slightly to 38% in the most recent cases.
http://www.justice.gov.uk/downloads/publications/statistics-and-data/tribs-stats/sscs-stats-notice-july2011.pdf

Muttleythefrog

Tippytoes wrote: »

Does anyone have an idea of the % of appeals that are successful? DWP have said they will do a review (for a 2nd time) before appeal paperwork is passed to tribunal. How many goes do they need? Or is it "he who dares wins"? Not personal to me, but just curious about A.N. Other's battle.

If they're represented at an oral hearing or appear themselves to give evidence there is probably about 40% chance of winning. It's worth noting though that winning doesn't necessarily mean getting the award you want - I won my appeal but was extremely disappointed with the award.

When someone appeals the decision, the DWP automatically carry out a reconsideration (if one hasn't already been requested and done) of their original decision to see if they can change their minds (using any new evidence that has been presented). If they don't change their minds then that's it... it's off to appeal tribunal or you re-apply.

debbie_doo

snap! muttley,

I have a family member who recently won an appeal and we are still battling with DWP as they are trying to change his benefit!

rogerblack

debbie_doo wrote: »

snap! muttley,

I have a family member who recently won an appeal and we are still battling with DWP as they are trying to change his benefit!

In the same way that you can appeal if the tribunal makes an error of law in favour of the DWP, the DWP can appeal if it thinks they've made an error in your favour.

Sarah69

I don't understand why it's so easy for some to get DLA and others have to struggle. When I told my dr I was going to claim this benefit she said she knows lots of people that shouldn't be getting this benefit. I too think that they don't actually read the forms properly, I have just sent an appeal form in because I have been turned down. There were 9 things that they said I can do which I've already told them I can't do! This benefit would help me with transport costs and also proper chiropody care.

nannytone_2

if the forms are filled in properly in the first place, they are much more likely to succeed, and yes, there is an art to it.

i used to volunteer at DIAL and filled out 2 forms a day, 3 days a weerk.
the devil is in the detail. you need to say exactly the difficulties faced, even if it seems like youre repeating yourself over and over again.

i think they do read the forms, but the DM's are human, and their opinions differ.

i stopped volunteering because i was told it was my hob to fill the forms in and not to judge ... and i was sick of filling in forms for people ( more than half) that were lying through their back teeth, yet my skill at completing the forms was getting them benefit that they werent entitled to!

i'd watche them saunter across the car park, carrying crutches, yet by the time they entered the building, they could barely manage to put one foot in front of the other, then once outside, theyd be back to walking normally.

if so many people werent trying to claim fraudulently, then the genuine people wouldnt have to jump through so many hoops!