The panel

The panel will usually be made up of two people - a judge and a medical expert, usually a doctor. The doctor does not work for the government or the DWP. The panel should introduce themselves and explain what will happen.

Remember the panel are completely separate from the DWP. They are here to see that you get the benefit if you can show you are entitled to it. The panel make decisions about benefits all the time so are aware that the DWP often get their decisions wrong. 

Usually the members of the panel will be nice and easy to talk to, and will just want to get a full picture of your illness or disability and the help you need. Try to answer their questions fully  and let them know if you do not understand any questions they ask.

The DWP

The DWP have a right to send somebody to your appeal to explain why they made their decision and they do this sometimes. Don't worry about this though. If they send someone, they are nice and non-confrontational. It will not be the person that made the original decision about your claim.

Ask a friend or family member to come with you 

Ask a friend or family member to come with you for emotional support if you think it might help. They might also be able to help by reminding you of things you have forgotten.  (They cannot speak to the panel for you, but they can speak to you). If you do ask a friend, show them Supporting a friend or family at an appeal about their work capability?

If it is a video hearing, you will be given a link to check in advance to ensure that it all goes smoothly on the day. HMCTS have made a helpful video. If you have a technical issue on the day, the Clerk to the tribunal will be available to give you advice and support.

If your hearing is in person, the letter you receive about the hearing will usually give you details of public transport links and parking. At most venues, you can book an accessible parking spot if you phone them in advance.

Arrive at the tribunal centre or log on in plenty of time – at least 20 minutes before the hearing is due to start.

If your hearing is by video you will have received a link and been asked to make a test call in advance to check everything is working. HMCTS have made a helpful video of what to expect. 

If your hearing is by phone, make sure you will be able to hear it ring when the tribunal calls. They may call you up to an hour before to check you are OK to take part. For more help with preparing for this, take a look at our guide called Court and tribunal hearings by video or phone call.

If your hearing is in person, the letter you receive about the hearing will usually give you details of public transport links and parking. At some venues, you can book an accessible parking spot if you phone them in advance. If you need a taxi, ask them to book one for you. This will usually be easier than arranging one yourself and they will pay if you need one because of your disability. Work out how you will get there and leave yourself plenty of time. You will not want the stress of worrying about being late. Be aware that if your tribunal is in a magistrate’s court, there will be additional security procedures to get in to the building and these will take an extra 10 minutes.  Expect to have to open your bag and be patted down with a metal detector.  You may have to walk through a metal detector and have your belongings x-rayed.  If you have an ICD (implantable cardioverter defibrillator) then take the card with you to prevent you from having to walk through this.  

When you arrive or log on, you will usually have a short wait (or longer). During this time, the clerk will explain what will happen. You can ask them to check if the panel has received your evidence. If you have made any notes of what you want to say, use this time to go over them.

When everyone is ready, the hearing will begin.

Whether you have a video hearing or face-to-face hearing these tips will help you get the right award of benefit, and stop it from becoming too stressful.

• Don't dress up or make a big effort with your appearance. It is important that the panel see you as you are on a normal day. Otherwise, they might get the impression that you don't need help, even if you do.
• It does not matter if you get upset. It will not harm your chances. Many people find they get very emotional at the hearing. You can ask for a break whenever you need one.
• Be aware that you will be observed from the moment you are visible – on the video call or around the building where the tribunal is taking place. For example, if you have said you have trouble getting in and out of chairs, they will watch you as you sit down, or how you move around. If you are having a good day, and your illness or disability is normally worse, make sure you tell them that.
• If you have asked for any help with communication or translation and it is not available, insist on having the hearing another day.
• If you have written a tribunal submission, ask if they have had a chance to read it. If they have, you won’t need to worry about covering everything in the discussion. If they haven’t, they will usually pause for a moment while they read it.

Answering questions

• If you don't understand a question, ask them to repeat it or put it another way. If you still don’t understand, tell them that. Don’t agree to anything you don’t understand to be polite.
•  If they say something that isn’t right, make it clear that it is not true. For example, if they say “You don’t have much trouble with sitting do you?” make it clear if you do have trouble with sitting for more than an hour.
• Don't worry about using the 'right' language. It is much better to use your own words. If you think they haven't understood something you have said, say it again in a different way. It is okay to repeat yourself. 
• They usually ask whether your condition has changed since the decision.  Remember that you need to prove that the DWP made the wrong decision at the time, so it is unhelpful to dwell too much on how your condition has got worse. It is better to emphasise where your difficulties have remained broadly the same. 
• They will often ask you about if you had any problems this morning. If somebody has helped you (perhaps by physically helping you to get up, or by prompting and encouraging you and keeping you calm so that you can manage the hearing) be sure to tell the panel. Tell them if you needed help to read or understand the instructions to log on to the video hearing or how to get to the tribunal centre.
• Don't make light of your illness or disability. Be as frank about your condition as you can be. 
• Try to make sure you don’t exaggerate the problems that you have either. If you do, the panel might not believe you when you are not exaggerating.
• Make sure you explain how you meet the specific descriptors. For example, if they ask if you manage when things don’t go according to plan, don’t just say yes or no. Spell out what difficulties you have and give examples of when you have not coped well when something unexpected happened, and what happened as a result.
• If you haven't said everything you want to say because they haven't asked the right question - tell them anyway. It is important that you say everything (unless you wrote a submission, in which case you don’t have to worry about this). A clever tactic is to make notes about what you want to tell them (for example, take a list of everything you think you should have been given points for and why you meet those descriptors) and tick them off as you say them. Make sure that they are all ticked off before you leave. If you have taken somebody with you for moral support - this is a very useful thing for them to do - they can remind you to say anything you might have forgotten.
• If how your illness or disability affects you changes and you need different amounts of help on different days, you will need to make this clear. It is best if you can say roughly how often you need help with each thing, rather than saying 'sometimes'. The rules say that the tribunal must make their decision based on how you are on the majority of days.

If the panel are considering reducing your existing award, the judge will give you warning and adjourn the hearing. The adjournment notice should specify precisely which activities/ descriptors are at risk, and what evidence justifies this view. This is rare. But if it does happen to you, you could then properly consider and get advice, and withdraw your appeal if necessary.

If you had an in-person hearing, you will usually get the result on the same day. After your hearing, the panel will ask you to wait in the waiting room for 10–20 minutes while they discuss your case and make a decision. They will then call you back in to tell you the result and  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.

If you had a video or telephone hearing, you usually won't be told the result during the call. The judge will explain that they need to deliberate privately. You will typically receive the decision notice via the Manage your appeal service or by post within 3 to 5 working days.

When the tribunal issues their decision, a copy is automatically sent to the DWP.

If you were successful, the DWP will work out how much they owe you. You will start receiving the new amount every fortnight (if it is ESA) or month (if you are on Universal Credit), and a sum covering any amount they owe you while you waited for the appeal.  You will usually receive your money in about 4 - 6 weeks. If this does not happen contact the benefit office to ask what the delay is. 

If you were not successful, you will be sent a leaflet to explain your options. Sometimes you might be able to appeal a decision you disagree with to the Upper Tribunal. This is a higher court. However, this can only be done if the panel did not follow the law, or made a legal error.

If you want to consider an appeal to the Upper Tribunal you have to request a full written statement of reasons for the tribunal’s decision, and this might take a number of weeks for the judge to prepare. It can be very complicated, and very few people appeal to the Upper Tribunal without an experienced adviser. If you want to look into the possibility of a further appeal, you need to move quickly - you will need to ask for a copy of the tribunal’s statement of reasons within one month. See How to find an adviser for more help.

The DWP also has the right to appeal to the Upper Tribunal if they think the tribunal panel did something wrong. This does not happen often though. If it does happen, they will write and tell you.

If you don’t believe you are well enough to work (or manage the jobseeking tasks you need to do to get Universal Credit on the basis that you are looking for a job) you may be able to try again for the limited capability for work element by submitting a new fit note from your doctor. If you have recent NI contributions (because you have been working) you could make a new claim for New Style ESA. (But you won’t get the assessment rate while you are waiting for a work capability assessment again, unless you can show that your condition has got significantly worse, or that you have a new condition).