How to write useful evidence for a DLA appeal
This guide is for doctors, social workers, support workers, paid carers, teachers, occupational therapists, and other professionals who might be able to tell the appeal panel what they need to know. It explains how to write helpful evidence for this kind of benefit appeal.
Evidence from doctors and other professionals helps the tribunal to come to the right decision more than anything else. Your evidence doesn't need to be long or typed, but it would be most useful if it included everything you are aware the child concerned needs help with.
Whether a child is entitled to DLA is decided by how much help they need. They may not get this help, many people 'manage', but these benefits are based on help they should have in an ideal world.
This appeal is about a decision that was made on a particular date. Your evidence needs to be about how their condition affected them at that time.
If you are a medical professional, start by confirming any diagnosis and any treatment that they receive.
If you are not, start by saying what help you regularly provide for the child. Then you need to go into the detail.
Going places
If they cannot walk even short distances without discomfort, or if they are very slow, please say so. If they need help to walk around school for example, please explain what difficulty they have and what help they need.
Equally, if they need more help than another child their age to go further afield to places that are unfamiliar, please say that. This might be help to stay safe or encouragement, prompting, or soothing.
Help at home or school
Next, look at the help they need in the home or at school. As far as you know, do they need extra physical help, prompting, or encouragement to:
- get up or go to bed.
- eat meals and snacks.
- get washed and have a bath or shower.
- go to the toilet.
- get dressed and undressed.
- move about indoors.
- stay safe.
- communicate with other people (this includes reading, hearing, and speaking).
- take part in leisure activities (playing with friends, going swimming, taking part in clubs or fun activities).
- participate in all learning activities, including taking part in PE, Art or Music.
If they can do any of these things on their own but it takes them a very long time, causes them pain, or may put them (or somebody else) in danger the law sees this as needing help.
Help during the night
Do they need help overnight - to stay in bed, go to the toilet, calm down if they get distressed, or anything else?
If you are aware that they often have difficulty sleeping it will be useful to say that.
Danger
If you are aware that they have been hurt, or could have been hurt, as a result of their condition, you should say so. Perhaps they have fallen, had violent seizures, or self-harmed.
If you are aware of a time when they have hurt or posed a danger to somebody else, it would be most useful to include this.
Medication or therapy
Can you explain what help they need to take their medication, or do their therapy, and how often they have to take it/do it?
Fluctuating conditions
Lastly, is their condition always the same or is it more debilitating on some days than others? If you know it is bad on some days but better on others, it would be useful to make that clear.
If you don't know about something
If you don't know how much help they need with something or think that they probably do not, it is best not to mention it. Their parent may have evidence from somebody else that knows more about this particular problem.
If you are a parent
If you are applying for DLA or appealing a DLA decision, send this guide to anyone you ask to write evidence for you. Just press the share icon at the top of the page to share via WhatsApp, Facebook or email.
