DLA Advice Please

lindasheb

Hi

Could anyone tell me what are the chances of losing your award if you take it to appeal. And does anyone know if statistics are kept on how many people win and lose at appeals.

My mother suffers very badly with anxiety and feels she wont be able to face an appeal but it seems so unfair that she is not given the level of benefit she is due.

Thanks - much appreciated.

cattie

Oral hearings, ie in person have a much higher success rate than paper hearings where an applicant choses not to appear in person.

Sometimes with DLA & appeals, the award is reconsidered & changed before the actual appeal date.

It is important to remember that awards can go down & even be taken away on appeal & before contemplating taking such a step your mother should ensure she has strong medical evidence to support her claim & to try to get help with the appeal from an advocate at MIND.

healy

lindasheb wrote: »

Hi

Could anyone tell me what are the chances of losing your award if you take it to appeal. And does anyone know if statistics are kept on how many people win and lose at appeals.

My mother suffers very badly with anxiety and feels she wont be able to face an appeal but it seems so unfair that she is not given the level of benefit she is due.

Thanks - much appreciated.

Cattie is right you do have a better chance at an appeal if you attend in person. There are statistics kept on appeal results and at the moment there is about a 60% chance of success if you attend, rising to about 70% if you attend with a representative. If you so not attend and opt for a "paper" hearing the chances of success fall to about 30%.

diddlydum

It's fairly unlikely that the Tribunal will make an award lower than that made by the Decision Maker, but it is a risk and something that you should consider.

Your best chance of success is to be as prepared as possible. Get as much medical evidence as possible, and get a welfare specialist to prepare your case for you. Whilst they can't attend with you, CLS Direct (0845 345 4345) will prepare a written submission for you.

You should always choose an oral hearing, because it gives the tribunal people a chance to see you. Things always look different in real life than how they do on paper.

fos

Firstly get some advice from CAB. But dont be afraid of a tribunal if you appeal. I recently had one and found the panel much more understanding than anyone i dealt with at the DLA. Just be sure in your own mind that your mothers claim is well founded and i think you will find like me that at a tribunal , fairness will prevail . Good luck

sorted_2

Cab are really good, They did all the paper work for me, came to the tribunal with me too. I found the people on the panel were very understanding, It is scary, but with help it makes things a bit easier.
Good luck.