When you get a decision from the DWP, if you disagree, you can appeal within
1 month of the date of the decision. They will then take the next 3 months
telling you that they do not know if it is going to a Tribunal or not. Don't
be fooled, ask them to inform you in writing that your appeal is going to Tribunal.
Otherwise they will spin it out for as much time as possible bearing in
mind the 7 month overall time limit for dealing with DLA decisions.
The Appeals Service are supposed to be independent, but we feel they are one and the same with the DWP.
When your Tribunal decides that you are not entitled to any benefits you should appeal again once you have obtained a Statement of Reasons from them. You have 1 month to submit a Leave to Appeal form from the date when you get the full statement of reasons from the Tribunal chair person.
It essential to get advice about how to proceed with an appeal
Try the Righsnet library for a startor your local CAB or Welfare Rights Adviser
You can only appeal against a Tribunal decision on what is known as a Point of Law. What this means is that there must be some legal argument to why you disagree, for instance, they used the wrong law to decide your case. There can also be appeals about some procedural errors as well.
When you send your leave to appeal form back it goes to the tribunal chairperson, who will probably not grant leave to appeal (because they don't like being called liars, although it is OK for them to call US liars!). In this case you will get the form back and you must then ask a Commissioner for permission to appeal. The Commissioners are again supposed to be independent but some still just seem to side with the DWP all the time. If you are refused leave to appeal by a Commissioner then you will need to see a lawyer about what can be done. There may be some cases were the new Human Rights Act applies, although most lawyers seem to be very cautious about bringing cases to court under it.
All in all it can be a very fraught and lengthy process, so in the mean time apply again for DLA or AA or IB or whichever benefit you appealed against. You are allowed to apply for any benefit at any time, the DWP cannot refuse to give you an application form. Contact your Local DWP office use this link to check were it is.
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