Challenging a Decision

The DWP seem to either turn people down, or give them a lower award than is appropriate. For example, putting someone who should be in the ESA Work Related Activity Group when they should be in the Support Group, or awarding someone Low Rate Care for DLA when they should be on High Rate Care.

It's been explained by some people as a test to see if people are really legitimate. The theory being that if they truly deserved the benefit they applied for, or a high award than they were given, they would fight for it. This does not stand to reason, as they do not then take the benefit away from people who don't fight for higher awards. As such, I can only presume that this is a last ditch attempt to save a few pennies.

If you do not agree with the award they give you, or you are turned down, do not let it lie. Do not be afraid to confront the DWP. 

I pretty much expect the DWP to mess everyone around. As such, I prefer you to be ready for it.

Whether it was ESA, DLA, or PIP you have applied for, the process, if you disagree with their decision, is the same.

Wait until you are calm, because writing in anger does no one any good.

They give you a time limit within which you must respond. You have two choices:

- request a reconsideration

- request an appeal

If you request a reconsideration, your case will be placed before a Decision Maker again (when you made your original application, a Decision Maker looked at all your evidence, and made the decision which you just received). It will not be the same Decision Maker as the first time. (You can check this; the decision document has the Decision Maker's name at the end of it. You will receive another such document after the Reconsideration, which will also have the Decision Maker's name at the end of it. The two should not be the same). This Decision Maker will look at your evidence again, anything new you have submitted, and your reasons for requesting a Reconsideration. They will then send you another decision document.

If you decide to Appeal a decision, you are asking to go to tribunal. As part of the Appeal process, your case will be Reconsidered (as described above), before going to tribunal. (It saves them money if your case does not go to tribunal). If the decision is not over-turned by the Decision Maker you will go before a tribunal panel. It can take anywhere between 3 and 18 months to be seen by the tribunal panel (depending upon where in the country you live). 

Going to tribunal means you go before a panel to whom you can state your case. You can take someone with you, who may or may not be allowed to speak on your behalf. It is just you, whomever you take with you, and the tribunal panel in the room; it is not a public court. The tribunal panel consists of three people; usually it will be a medical professional, a legal professional, and an independent witness from the disabled community. They will ask you questions about how your illnesses affect various things. You can point them to specific bits within the evidence that the Decision Makers may have over-looked. 

You may be able to submit further evidence at the Tribunal, but it's advisable to submit it as early as possible; they can argue that they are assessing you as you were when you made the original application for benefit, so any later evidence is not applicable.

As many as 70% of cases are over-turned by the Tribunal panel. So, going for Tribunal is not to be overly feared. It is very stressful though, so it really is better to state your case clearly and concisely from the beginning.

One of the overwhelming messages from people with M.E. and Fibro being seen by the tribunal panel is that it is usually the disabled person on the panel who gives them the worst reaction. This is most likely because M.E. & Fibro are not visible, as their condition may be. As such, it is imperative to paint a very clear picture of how you are affected. You cannot ignore one person's attitude, as all three are in the position of judging your case.

My advice, usually, is to go straight for an Appeal. The reason being that your case will be seen by a Decision Maker, and possibly over-turned at that point. If it is not you are automatically placed in the queue for the tribunal panel.

However, there are cases where I have not advised this. Using myself as the example is easiest. I received the decision documents for DLA in August. The date I was given to challenge their decision by, was the beginning of September. I had a various medical tests lined up on September 10th and 16th, which could provide further evidence for my case. As such, by requesting a Reconsideration (which I assumed would turn my case down again), I was delaying my request for an Appeal, so that I could add any new evidence to the Appeal request form.

How to Challenge the Decision!

To challenge a decision, use the GL24 form, which you can download here or here

(Though, to be honest, I totally forgot to use the form, and they still accepted my request for reconsideration).

You will have been sent a list of reasons as to why your case was turned down. These lists usually read like they are referring to someone else, and often feel as if someone is telling lies about you. It's perfectly normal for it to seem that way, don't worry.

You need to challenge these reasons, either by referring to the evidence you already submitted to the DWP, or by referring to the new evidence you will be submitting with the GL24. The GL24 only provides a tiny box in which for you to write. Do not be lulled into thinking that filling that box will be sufficient. If you use the Word version of the GL24, you can type as much as you want to. If you use the PDF, you will have to staple further sheets of paper to it.

It's far easier to show you than to explain how to challenge them, so I am copying a section from my request for reconsideration. This is how I've approached just one of the statements from the Decision Document. You can view the whole document here.

It has been stated that:

I don’t need help to use a cooker, use kitchen tools, carry and lift safely, plan a meal, or motivate myself.

·         I would like to refer you to the ESA Medical Report Form written by Dr ######:

•  Page 4: “Struggles to wash hair and body due to pain.
•  Page 4: “Can’t do buttons”
•  Page 4: “Unable to cook”
•  Page 4: “ May need meat cutting up”
•  Page 4: “Unkempt. Very unkempt room and house”
•  Page 8: “All reduced movements due to pain, weakness, stiffness”
•  Page 12: “Reduced power grip – point weakness” (nb, I drop things)
•  Page 12: “Reduced power both arms – point weakness”
•  Page 29: “Severe functional disability seems likely with mobilising”

·         I would like to refer you to my DLA Application Form:

• Page 14: “My concentration is poor”
• Page 17: “I need a lot of encouraging and prompting to get out of bed as I am constantly exhausted.
• Page 17: “I need reminding it is time to go to bed.”
• Page 17: “Most days I don’t get up until between 11 and noon” [if I get up].
• Page 17: “I wear the same clothes for days at a time as it is too exhausting for me to dress.”
• Page 17: “I often wear my nightclothes or wear my day clothes to sleep in.”
• Page 22: “My muscles are weak, I am in constant pain”
• Page 23: “Somedays I cannot cut up food as my fingers are so weak and my wrists are painful.”
• Page 23: “I need constant reminding to eat and drink as [..] it is too much effort.”
• Page 24: “I cannot open blister packs / medicines due to pain and my fingers and wrists.” {And I cut my tongue on one yesterday).
• Page 24: “I need reminding to take my medication as I am very confused by fatigue.”
• Page 28: “I am too fatigued to cook.”
• Page 28: “My concentration is very reduced and I forget I am cooking and burn food.”
• Page 28: “ I cannot lift hot pans due to weak muscles and carpel tunnel.”

So, you use your evidence (including your application form) to bring the Decision Maker's attention to the exact pieces of information that challenge each statement that has been made about you. It is easiest for the Decision Maker to find the right information if you present it to them this way. 

It can take a long time to do this, as it means looking through you evidence over and over again to find the exact quotes required to challenge their statements, but it is worth it. The whole process of applying for benefits can be extremely stressful, but once you've got them, you can breathe easy for a while.