Turned down for DLA/AA? Think you're not getting enough?
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´I´ve received a huge pack of papers! What do I do?´
'What do I need to do before the hearing?'
There are a lot of things for you to do over the next few months. It is important to start preparing as soon as you can. Some things can take a long time.
If you are getting help from an adviser, he or she might do some or all of this for you. You need to be clear which things your adviser is going to do for you, and which you need to do yourself.
When will the hearing be?
Usually you won't get told the date of the hearing until 2-3 weeks before (you should be given at least 14 days notice unless you agreed to be given less on the form). However, it is useful to know how long you have to prepare for your appeal. You can phone the tribunal centre dealing with your appeal (see the form they sent you) and ask them. They will be able to give you a rough idea.
Getting help
If you are not getting any professional help to prepare for the hearing, you might want to ask somebody else to help you. You may not need any help, but it might stop it from feeling too stressful. It might be particularly useful if you are not very good with paperwork or deadlines. If you do think it might be useful, think about who you could ask - do you have a family member, friend, or carer who is good with paperwork and organising things?
Support groups
Support groups can sometimes be very helpful. There may be other people there who have had the same problems, who can give you emotional or practical help.
Appeal papers
Look at the big pack of papers that you were sent with the form. Go through them and look for anything you don't agree with.
The most important part is the reports from any doctors. If you saw a doctor sent by the DWP, go through his/her report - is there anything that isn't true? Did the doctor ask you the right questions and listen to your answers? If your condition is better or worse on different days, did the doctor understand that?
Make a note of all the things that are wrong. If you can, say why they are wrong.
Getting evidence
For most people, the thing that is of most help is written evidence from their GP or other doctor. If you have a social worker or community psychiatric nurse or other healthcare professional, evidence from them will be very useful too.
The most useful evidence will explain how your illness or disability affects you, and the help you need. This is quite unusual, so your doctor/social worker etc may not understand that. We have written a guide for people writing evidence. When you ask them for evidence, show them this box. It will help them to write evidence that will be really helpful to you.
You are appealing the decision they made on a particular date (on the top of the letter). You need to prove how your condition was at that time, not how it is now. Write the date of the decision you are appealing on the little grey box in the next section, before you ask anybody for evidence.
It is important not to be offended if the evidence embarrasses you. For example, if it says that sometimes you appear not to have washed or eaten properly. They are just trying to ensure you get all the help you are entitled to.
Paying for medical evidence
GP's and other medical professionals are allowed to charge for evidence. However, many won't do this - particularly if they know you cannot afford it.
If your doctor suggests that he or she will charge you, tell them that you only need a brief note from them, and that it could be hand-written if this is quicker. Reassure them that it will only take the time of an appointment. Show them the information in our guide - so that they are sure of what you need from them.
If they insist on charging you, you should still get the evidence if you can possibly afford it. If it helps to get you an increase in benefit, it will have been a good investment.
Evidence from your carer
If there is somebody who helps you to look after yourself, they may be able to write some very useful evidence too. Ask them to write a letter to the tribunal panel explaining what help they give you and how often. Show them the information for doctors in our guide - it may help them to remember everything.
It can be very useful for your carer to come to the hearing with you - so that the panel can ask them questions. They may be asked to wait outside until their evidence is needed - so you need to be prepared to go in alone at first.
Diary
You should think about keeping a diary of the help you need each day. It will help the tribunal panel to get a proper understanding of your situation. It is particularly helpful if your condition isn't the same every day. Keep a diary for a month if you can (but a shorter time will also be helpful). It can be very brief. For example - 'Monday - Joints and back very painful today. Needed help to fasten my bra, and put socks and shoes on, as I couldn't bend down. Marie had to help me downstairs'.
If you get help from somebody and find this sort of thing hard, you could ask them to keep a diary of the help they have given you instead (as an alternative to the letter - see above).
Be realistic
Be realistic about what you want to happen. There is no point going to the tribunal hearing to demand high rate mobility DLA if you can in fact walk to the end of the road and back. If you have seen or spoken to an adviser - did they tell you what they thought you might be entitled to?
Is there any other evidence that you have?
There may be useful evidence you already have or can easily get. For example, if you are registered as blind or partially sighted, you can get a copy of your registration from the social services. These usually detail how much your sight is impaired, and so can be very useful.
Write a statement
If you (or someone who is helping you) are good with writing, you should think about writing a statement. These can be very useful as they set out all your points, which means that you don't have to remember everything to say on the day.
If you know the level of benefit you think you are entitled to say that at the top of the statement. For example, 'I believe I am entitled to the middle rate of the care component of DLA and the lower rate of the mobility component.'
If you don't know what rate you might be entitled to, or if you don't know why you are entitled to it - go to ´How DLA and AA work´ for more information about the different rates.
Next, you need to explain why you are entitled to that level. Explain how your condition affects you on a bad day, and what help you need. Refer to any evidence you have that backs this up. If you can, say how frequently you have this problem or need this help. It is much better to say 'I need help to get to the toilet 8-10 times a day' than just 'I need help to get to the toilet'. If you have difficulty walking, it is most useful to talk about distances in terms that mean something to you. For example, it is better to say 'Walking around the community centre causes me pain, and I have to do it slowly' than 'I can only walk for 50 metres'.
If you disagree with anything in the papers they sent you, you need to tell them what was wrong and why this isn't right.
Read Rose´s statement - it may help you to write your own.
When you have finished writing the statement, read it back through more than once. Does it say everything you want it to say?
What to do with the evidence
Read the evidence through - does it support your case? If it doesn't, you don't have to send it to the panel (but if they ask if you had any evidence you didn't send them, you have to tell the truth). If you don't think the evidence is useful it may be worth going back to the person who wrote it and discussing it with them. Is there anything they can add?
If you've got useful evidence, photocopy it and send it into the Tribunal Service before your hearing. Ideally, send it at least a week in advance. On the day of your hearing, take your copies with you, and ask the panel to confirm that they have received them.
How will you get to the hearing?
Some people find it helpful to work out how they will get to the hearing and do a 'dry run', so that you know how to get there.
You should be able to claim travel expenses for the day of the hearing, and sometimes money for a sandwich or a coffee if you are there a long time. Expenses are often limited to the amount it would cost to come by public transport - if you need a taxi, phone and check if they will pay for that.
What will happen at the hearing?
When you arrive at the tribunal centre you will be shown into a waiting room. You might have to wait here for a little while. Use this time to read through any notes you have made. When the panel are ready for you, you will be called into the room.
When you go into the room (it looks like a big, empty office) there will be a big table in front of you. You (and anyone who goes with you) will sit at one side of the table and the panel will sit on the other side.
The person that sits in the middle of the panel is the Chair. They are a solicitor who should know a lot about benefits. They are a bit like the judge, but the other two members of the panel have to agree to the decision too. The panel should introduce themselves and explain what will happen.
Remember the panel do not work for the DWP. They are independent, and they are here to see that you get the benefit if you can show you are entitled to it.
Usually the three members of the panel will be nice and easy to talk to, and will just want to get a full picture of your disability and the help you need.
However, you might be unlucky and get a hostile panel member, or just one having a bad day. If they seem aggressive, try to keep calm. Don't take it personally. Try to stick to what you wanted to say, and answer their questions fully. It is ok to tell them that you feel they are acting a bit aggressively towards you - they might not realise that it is upsetting you, and they might stop if you tell them.
The DWP have a right to send somebody to your appeal to explain why they made their decision. Don't worry about this though. If they do send someone, they are usually nice and non-confrontational. It will not be the person that made the original decision about your claim.
Remember it is YOUR appeal. You can have a break whenever you want. If you get upset and need a few moments to compose yourself - just ask for a short break. However, don't go too far. If you ask for too many breaks, you might annoy the panel and you'll be dragging it out for yourself too.
If you do get some DLA or AA already and are asking for a higher rate, you can stop the hearing completely at any time. This will also stop your appeal. If you do this, the Tribunal will not be able to take away the benefit you get at the moment. It is only a good idea to do this if you think that the hearing is going so badly that the panel may think you should get less benefit than you currently get.
Your hearing might be postponed
In some areas, hearings are often postponed. Hopefully this won't happen to you, but it is possible that you will arrive to find that you have had a wasted journey.
At the end of the hearing
The panel will usually make the decision that day. You will be asked to go to the waiting room while the panel discuss your case. This usually takes between 10-30 minutes. You will then be asked back into the room and told the decision. They will give you a written outline of their decision as well.
Sometimes the panel will not be able to make a decision quickly. If this happens, they will post it to you instead. It should arrive within a week.
I have been sent a date for the hearing - I can't go!
If you can't go on the date they give you, contact the tribunal centre and ask for another date. Don't put it off or just do nothing about it - they are usually extremely helpful. You may have to explain why you can't go.
It is a good idea to follow up the phone call with a letter and to keep a copy - that way, if anything goes wrong, you can prove you told them.
How do I stay calm?
Staying calm isn't easy, particularly in very stressful situations, like waiting for your appeal hearing.
Many people find that the best way of reducing stress immediately is to concentrate on their breathing. Take several long, deep breaths. If you can, breathe in through your nose. Try to take the air into your stomach (you should feel your stomach rising). And then slowly breathe out through your mouth. It might help to close your eyes and picture nothing, others like to imagine a scene they find calming. Some people prefer to keep their eyes open and to watch other people. If you do this try to concentrate on details. It doesn't matter what you look at or think about - the aim is to slow down your thoughts.
Some people also find it useful to clench and then relax their fists, arms, and jaw; and to frown and then relax, or raise their eyebrows and then relax them. If you get stressed a lot, you can reduce your stress long-term by trying to do this every day.
If you are getting stressed because of the number of things you have to remember - write a list (or get someone to write a list for you). As soon as it is down on paper, you don't have to remember it. This can be instantly calming.
Writing useful evidence for Disability Living Allowance and Attendance Allowance appeals
´What should I do on the day?´