How to ask the DWP to look at their decision again
You can ask over the phone or in writing. You must do it within one month of the date on the letter.
If you are going to do it over the phone, make a list of everything you want to say and tick them off as you say them.
You should give them as much detail as you can about why their decision was wrong. The sorts of things you should include are the same as if you are asking for an appeal - see the list below.
If you have any more evidence that you think will help (for example, a letter from your doctor, or social worker) send that too.
What next? You should hear back in 8-12 weeks. If they have changed their minds, congratulations! Your benefit will be backdated to the date they received your original claim form.
If they didn't change their decision or did, but didn't give you the amount you think you are entitled to, remember that you can still appeal. You need to tell them within one month.
Children
If you want to change a decision about your child's claim, you need to explain what needs your child has compared to the needs of other children the same age.
We recommend that you get as much help preparing for the appeal as possible. It can be very upsetting to have to explain all the difficulties your child has in detail. There are also extra problems about evidence. See Useful contacts - click on the link in the menu on the right hand side.
How to ask for an appeal
You need to tell them in writing that you wish to appeal within one month. The best way is by using the special form that comes in their leaflet 'If you think our decision is wrong' (see Useful contacts).
Give your name, address, and National Insurance number and include the date of the decision you are appealing (see the letter they sent you). Send it to the address at the top of that letter. If you can, keep a photocopy.
On the form or letter you need to explain why their decision is wrong. Give them as much detail as you can.
You should include:
- What the symptoms or details of your condition are and describe the problems they cause.
Remember, they probably don't know anything about your disability, and how it affects you or what help you should have. Don't just say that you have problems with your sight, or mental health - explain how it affects you day-to-day.
For example, a serious visual impairment might mean that you need help to get around inside or outside to avoid walking in to things. Or, your mental health condition might mean that you need a lot of reminding and encouragement to cook for yourself, or help to cook safely.
Don't be tempted to make light of your difficulties, even if you find some of the issues embarrassing, it is important that they understand how your condition really affects you.
If your condition varies, explain what it is like on a bad day.
- If you can't go to places you don't know on your own, explain why.
This might be because you need help finding your way, or it might be because something might happen (you might have a seizure or a panic attack), or because you might put yourself or others in danger. Spell out exactly why somebody else is needed, and what they could do for you. If you never try to go to places you don't know on your own, explain why you don't.
- If anyone provides care for you, say what they do.
This might mean physically helping you to get up, and to wash, and getting you food, or 'nagging' you to get up, and to wash or eat something. If you need anyone's help to take your medication (this might be by finding it and making sure it is the right one, reminding you to take it, or making sure you don't take too much) tell them, and say how frequently you are supposed to take it.
- If you have ever hurt yourself as a result of your condition
Perhaps because you fell or had an accident, or hurt yourself on purpose, you need to put this down too. It is important that they know because some of the help you need may be in order to prevent the same thing happening again. If it has happened more than once, tell them how many times similar things have happened, and how having somebody with you could have stopped it happening or helped you afterwards.
- If you have ever put someone else in danger as a result of your condition (even if you didn't actually hurt them)
For example, if you have hurt other people during a blackout (or might have), or if you heard voices telling you to hurt someone.
'What if I've missed the deadline?'
It is important not to delay - if you can get your appeal form to them within the month you should. If you don't have time to say everything you want to say before the deadline, you can tell them that you will send more information later.
You can still ask after the deadline, if the delay was unavoidable or a result of your disability. For example, perhaps you were unable to deal with it until now because you needed help to read it, or because you are too ill to deal with your post. Explain why it was impossible for you to ask them to look at their decision again until now.
What next?
When they receive your appeal form, the DWP will look again at their decision to see if it should be changed. If they do change it, they will write to tell you what they now think you are entitled to. If you don't think they are right this time either, you can ask for an appeal (again). This time you are appealing this latest decision, so you have another month to tell them you think they are wrong and why, and it all starts again.
If they don't change their decision, they will send your appeal to the independent Tribunal Service. You probably won't hear anything for several weeks. Then you will get sent a very big pack of papers.
