You can ask for an appeal online or you can use a paper form.
You can find both at Submit your appeal on GOV.UK
Both are easy-to-use and understand. If you use the online version, a record of what you have said is sent to your email address. If you use the form, try to keep a copy, or take a photo of each page with your phone.
If you would like to appeal online but need support, We Are Group can help.
No matter which you use, there are four things that you should be aware of.
You need to explain what you disagree with and why.
If you used our work capability assessment mandatory reconsideration tool to produce a letter, go to your email and find it.
Look at your decision letter. For the first activity that they didn’t award you the correct amount of points for, tell them what it is that you don’t agree with (for example, that they said you can cope with a minor unplanned change, when you cannot). And then you can copy and paste the wording from your mandatory reconsideration request letter that explains the difficulties you have with that activity (for example, I cannot cope with minor unplanned changes as I get very stressed and feel that I cannot cope. If the bus stop is closed for example, I will get upset and need to go home.)
(For less confident computer users, you do that by highlighting the text you wish to copy and pressing ctrl and C at the same time. Then go to where you want the text to appear and press ctrl and V at the same time).
Repeat this for each of the activities you don’t think you have received the correct amount of points for. Make sure you mention all the activities you disagree with and why.
If you haven’t used our tool, look at your decision notice and the list of activities and descriptors on How limited capability for work points system works. Add each activity you don’t think you have scored the right number of points for, and explain all of the difficulties that you have with that activity and what help you need. (Remember it doesn’t matter if you don’t get any help, also remember to include the help you give yourself - like taking a break or using something to help you).
Remember to tell them ways in which not being entitled to the benefit or not being put in the right group would put you at substantial risk of harm (see How limited capability for work points system works for a reminder of the ‘substantial risk’ rules).
If your appeal is not within one month, appeal anyway.
You just need to explain why the delay was unavoidable or a result of your disability (for example, if you were unable to deal with it until now because you need help to deal with your post, or you have been particularly unwell).
Choose to take part in the tribunal hearing.
You will be asked whether you want to take part in a hearing or whether you want the case to be decided on the papers alone/without you being involved. You are much more likely to win if you have a chance to speak to the Tribunal and answer their questions. Do not worry, it will not be nearly as frightening as you might think.
Most people win their appeals without needing new evidence, just by attending the hearing and answering questions about their disability or impairment and how it affects them.
Almost half of all hearings happen either by telephone or video now – and you can request a hearing like this if you prefer.
Your chances of winning at an in-person hearing are slightly higher than those by phone or video, so if you could manage it, we would advise you to go with this option. But if you struggle to go places and are good with online - video hearings are also a really good option. The most important thing is that you take part.
If you take part in a hearing, you can get extra help if you need it – for example, an interpreter, hearing loop, captions on your video, or an accessible tribunal room. You cannot bring your own interpreter to the hearing (but you can bring a friend or family member for moral support). If you say you need an interpreter HMCTS will arrange a professional interpreter.
4. Register with Manage your appeal
When you ask for an appeal online, you are sent a confirmation email which enables you to register for the Manage your appeal service. This service lets you keep track of how your appeal is progressing, and you can use it to upload evidence (including audio and video evidence if you want to). It will send you texts or emails to let you know that the DWP have responded to your appeal, to confirm evidence has been received, and when your hearing date has been scheduled.
Alternatively, you can sign up by calling 0300 123 1142 Monday to Friday, 8:30am to 5:00pm or by emailing [email protected]. If you ask by email, you will need to include your name, National Insurance number, date of birth and postal address.
What next?
The HMCTS will send a copy of your appeal to the DWP and ask them to explain how they came to their decision. The DWP must do this within 28 days, although they can ask for an extension. You will receive a copy of their response in your appeal bundle.
Don’t be put off by the size of it. It is often around 80-150 pages. Keep it safe. You will need it to prepare for your hearing.
You should start preparing now.
What if the DWP calls me with an offer before the hearing?
Sometimes the DWP recognise at this point that you are entitled to a higher award. They usually phone you to tell you the award they now think you are entitled to.
If this happens to you, it is great news if you believe the new award is correct.
If it is lower than the award you think you are entitled to, accept the award and then appeal that decision (without asking for a mandatory reconsideration). This will give you more money to live on while you wait for your appeal. To appeal you can take the same steps we mentioned above. You might have to wait until the DWP give you your new award before appealing again.
