Millions of people all over the UK rely on benefits from the Department for Work and Pensions (DWP). This body of government is responsible for a range of things, from encouraging independence for disabled people and those with ill health, to providing income to people of pension age and promoting saving for retirement.
In some circumstances, the DWP will decide if a person has a reduced entitlement, or no entitlement to their existing welfare benefits.
For those living with chronic illness, disabilities or other extra care needs, life can be more difficult. It can affect income too, especially if someone has to give up work or cut down their hours. Having the support of these benefits can provide a lifeline, providing independent living and mobility that may not be accessible otherwise.
To find out how we help our clients appeal and access the support they need, we spoke virtually to our expert Welfare Rights Advisor, Melissa Davis, and Senior Welfare Advisor, Omar Shefta.
A quick chat with our experts
If a person’s benefits are reduced or removed when they still need them, what’s the first step to appealing that?
The first step to challenge this (in most cases), is to request they review the decision again, known as a mandatory reconsideration request. However, quite often the initial decision isn’t overturned, and at this stage an appeal can be lodged with the Tribunal service.
What happens at the Tribunal? What are the main benefits that your team challenges?
The Tribunal is formed of a body independent of the DWP, and made up of a two or three person panel comprising of a Judge, a medical professional and disability expert. They consider the claimants entitlement to benefit and also hear submissions from the DWP, the claimant and/or their representative.
The main benefits that we find ourselves challenging for are Personal Independence Payment, Employment and Support Allowance and Disability Living Allowance.
How do you help your clients?
Any claimant will tell you that trying to get a decision overturned is the most stressful part of a benefit claim. We try to minimise this hassle by guiding clients through the entire process. The end result is to get an accurate level of entitlement, but by taking steps such as reviewing medical evidence and producing written submissions we reduce the number of complex tasks the client would otherwise need to do and support them through what can be quite a daunting process.
How do you and your team go through this process?
As part of the process for challenging a decision at Tribunal, we’ll critically examine the DWP’s decision to identify factual inaccuracies, conduct thorough reviews of supporting medical evidence, and make detailed written submissions setting out the points of contention. We then attend the Tribunal hearing with the client and help present their case in order to secure a positive outcome. Occasionally, the DWP may also send a presenting officer and so we need to be prepared to challenge them on any points of dispute.
What difference does this make for your clients?
Given that some awards can last for a decade, the financial implications are significant. Additionally, an increase in a PIP/DLA Mobility award can mean the difference between getting a Motability vehicle or not. Gaining a successful Employment and Support Allowance (ESA) award means the claimant is recognised as being currently incapable of work and so won’t be forced to try and do so. Furthermore certain benefit awards passport the claimants to other entitlements such as blue badges, warm home grants and free prescriptions, all of which enhance the quality of life for our clients.
Can you tell us about any cases where you defended a client’s access to their benefits?
We successfully appealed for Disability Living Allowance for our client, Sarah*. She was previously only awarded lower rate mobility component for this benefit. Following a virtual tribunal where I represented Sarah, she’s now been awarded high rate mobility component. This has increased the financial element of her benefit and also meant she’s now entitled to a blue badge.
In two other recently successfully challenged cases, one was decided ahead of the appeal meeting, due to the strength of our submission. In another case, the hearing was only five minutes long, with the judge making a quick a decision based on the evidence.
These verdicts mean such a great deal for our clients and while the decision can be quick, the work behind the scenes can be lengthy. It is of course all worth it when we get an opportunity to help our clients protect what matters most.
*Name has been changed to protect their identity.
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