'They've got it wrong!'

If you made a claim for DLA or AA and you didn't get the result you had hoped for, you don't have to give up.

You have three options:

You could ask the benefits department to look at their decision again. They will call this a 'reconsideration'. This is a good idea if you have any new evidence you can send them. But it can take eight to twelve weeks - which is a long time to wait if it's unlikely they will change their mind. If they don't change their decision, you can still try option 2.

You could appeal their decision. This means three experts who do not work for the DWP will look at your claim to see if the right decision was made. Appeals can be a little bit stressful, and take longer, but they are much more likely to be successful. You can minimise the amount of stress by getting as much help as you can, and by reading this guide. The DWP will always look at the decision again (option 1) as the first stage of an appeal.

Or, if your condition has got worse since the date of their decision, you could make a new claim.

"They turned me down flat!"

You may feel that you should just give up. After all, the DWP has said that you're not entitled, so maybe you're not. But they may be wrong - they often are. If so, you may be entitled to a lot more help than you are getting - and everybody should get what the law says they are entitled to. It is up to you what you choose to do, but remember you have nothing to lose.

"They’ve given me less than I think I should get!"

You may feel that you shouldn't rock the boat. The decision could be changed for the worse as well as for the better. For example, if you've been given a low rate, it is possible that they will decide that an error was made and that you are not entitled to any help at all. On the other hand, you could be entitled to a lot more help than you are getting. If you can, see an adviser (this is an expert who can give you advice about your claim - for how to find one see 'What if I don't have an adviser?' below). They will be able to tell you how likely this might be for you.

"I had to claim again and they gave me less than they did before"

You may still have a good case for the amount you used to get, but you may not have. That may be because you need less help than you used to, or it may be because the law has changed. If you are in this position, it is particularly important that you get advice (and not from the DWP!). If you haven't got an adviser, see 'What if I don't have an adviser?' below.

"They say I don't need much help at all! How did they work that out?"

It can sometimes be very hard to understand how the DWP made their decision. The letter they send rarely explains very well, but it will say what they based their decision on. They will usually look at a report from your GP or a doctor they sent to see you, as well as your claim form. It may be that you haven't put enough detail on your claim form. Or it could be that they don't accept what you have said, because of what is in the other reports.

'What if I don't have an adviser?'

Most people will be able to go to a local independent advice centre or CAB that helps with benefits problems (look in your Yellow Pages or phone Community Legal Advice to ask if there is one near you - see Useful contacts - click on the link in the menu on the right hand side). Sometimes there are services that you can access through your council, your GP, social worker or hospital, or community centre. There's no harm in asking - so call your council, and GP, and your social worker, hospital or community centre if you have one, and ask if there is a service for you.

You may be able to get help from an adviser over the phone. Community Legal Advice is a free and confidential advice service paid for by legal aid. If you live on a low income or benefits they can give you free advice over the telephone, help you prepare your case, and draft statements and letters with you.

There are also lots of charities who run advice services for particular groups - for example, Age Concern has local advice services for older people, RNID has a service for people who are deaf or hard of hearing, and Mind has an advice service for people with mental health problems. These organisations are often particularly good because they will already understand your condition and will have experience of helping people in a very similar situation.
See Useful contacts - click on the link in the menu on the right hand side - for details of organisations that may be able to help you.

If you still can't find an adviser, don't worry - this guide will help.

December 2009