Seek Advice for your DLA Appeals (Disability Living Allowance Decision)

If you’ve had an unfavourable benefit decision on Disability Living Allowance (DLA), you can challenge it. Appealing a DLA decision involves submitting the appropriate forms, explaining why you disagree, and following the steps set out for appealing. This process applies not only to DLA but also to other benefits decisions. For most people this means first asking for a mandatory reconsideration, then (if needed) making a DLA appeal to an independent tribunal. Below is how it works and how we help.

Who DLA applies to: New DLA claims are for children under 16. Adults are generally on PIP instead (with limited exceptions for those born on or before 8 April 1948 who remain on DLA).

1) Start with mandatory reconsideration (MR)

Before you can appeal, you normally must ask the DWP to look at the decision letter again. This is called mandatory reconsideration and should usually be requested within one month of the date on your letter (late requests can be accepted with good reasons). It is important to submit your request in writing to ensure it is properly processed. You’ll then receive a Mandatory Reconsideration Notice (MRN).

How we help:

• We review the decision and draft a focused MR that sets out where the benefit decision went wrong on facts and law, and clearly explains why you disagree with the decision.

• We plan and gather medical evidence tailored to DLA rules (see “Evidence that helps” below).

• We make sure the MR explains why your child’s needs are substantially greater than a child of the same agewithout a disability—central to DLA. nidirect+1

2) If MR doesn’t fix it, submit an appeal

If the MR doesn’t change the result, you can submit an appeal form to HM Courts & Tribunals Service (HMCTS). Appeals are heard by the independent tribunal service (Social Security and Child Support Tribunal), completely separate from the DWP. It’s free to appeal. Claimants play a central role in this process, as they are the individuals challenging the benefit decision and seeking a fair outcome. You usually have one month from the date on your MRN to lodge the appeal (online or via the paper form SSCS1).

What we file for you:

• A clear appeal submission that references your MRN, pinpoints errors in the benefit decision, and applies the correct DLA tests.

• A structured evidence pack and timeline.

• (Where helpful) a request for an oral hearing so the panel can hear directly about your child’s day-to-day needs.

After your appeal is submitted, you will receive a written response from the tribunal or DWP outlining their position and next steps in the process.

3) DLA rules that matter for appeals (child claims)

DLA has two components; your child can receive one or both: Care (lowest, middle, highest rates) and Mobility (lower, higher rate). A child is entitled to the care component if they meet the care needs criteria, and entitled to the mobility component if they meet the mobility criteria. Current rate structure and component overview are set out on.

Key points tribunals look at:

• Care needs: frequent help by day, prolonged or repeated help by night, and/or watching over to prevent substantial danger. The tribunal will consider the child's specific needs and circumstances. What counts is the extra help compared with a non-disabled child of the same age. For example, a child who needs help with dressing every morning due to a disability would have a care need that goes beyond what is typical for their age. There is usually a 3-month past / 6-month future qualifying period (special rules apply if a clinician says the child may have 12 months or less to live).

• Mobility: difficulties walking outdoors or needing guidance/supervision in unfamiliar places (lower rate), or severe walking difficulty (higher rate). Age thresholds apply: higher rate from age 3, lower rate from age 5.

4) Preparing for the tribunal hearing

After you appeal, the DWP produces an “appeal bundle”. We analyse it page-by-page, highlight gaps or misinterpretations, and write your statement of case. Hearings can be held in person or remotely. At the hearing, panel members—including an independent judge and a medically qualified expert—look at your case afresh—they can increase, decrease or confirm the award.

On the day, we help you to:

• Explain typical day and night care needs with concrete examples (frequency, duration, risks if help isn’t given).

• Show why supervision is necessary (e.g., seizures, wandering, self-harm risks, choking, medication errors).

• Evidence mobility needs outdoors—distance, speed, safety, meltdowns/overwhelming distress, need for guidance on unfamiliar routes.

• Inform the tribunal in advance if you need access accommodations, such as wheelchair access or other support, to ensure you can participate fully.

Evidence that helps

For DLA, the best medical evidence explains functional needs, not just diagnoses. Useful items include:

• GP/paediatrician/consultant letters that describe level and frequency of help.

• OT/physio/SLT reports, continence clinic or epilepsy nurse notes.

• School evidence: SENCO/teacher statements, EHCP sections B & F extracts, behaviour logs, risk assessments, attendance and exclusions data.

• Care diaries showing day and night care, prompting/supervision, and episodes of risk.

• The claim form is also a key part of the evidence bundle, as it contains the information originally provided to the DWP.

We’ll help request and present this so it meets what the tribunal service needs to decide the case. (Many appeals succeed when evidence is aligned to the legal tests.) It is essential to include all important information in your evidence to ensure nothing is missed that could affect your appeal.

Time limits at a glance

• Mandatory reconsideration: usually within one month of the decision letter (late MR can be accepted with reasons—generally up to 13 months). If you miss the one-month deadline, you can make a late appeal for mandatory reconsideration, which may be accepted up to 13 months after the decision if you provide a valid reason for the delay.

• Appeal to HMCTS: usually within one month of the Mandatory Reconsideration Notice; use SSCS1 or appeal online. If you do not attend the hearing, your appeal will be decided based on the written evidence you have provided.

Dealing with stress and anxiety

Navigating a Disability Living Allowance (DLA) decision and the subsequent appeals process can be overwhelming, especially when you’re already managing the day-to-day needs of your child. It’s completely normal to feel stressed or anxious when faced with a benefit decision you disagree with, but there are practical steps you can take to make the process more manageable.

First and foremost, don’t hesitate to seek advice. Local disability support agencies, advocacy services, or a trusted representative can guide you through each stage—whether you’re preparing a mandatory reconsideration, completing an appeal form, or gathering medical evidence. Having someone act on your behalf or simply offer support can make a significant difference in how you experience the process.

Staying organized is key. Keep all the information related to your claim, including your decision letter, mandatory reconsideration notice, and any written responses from the Department for Work and Pensions (DWP), in one place. Mark important dates, such as deadlines for submitting forms or providing further evidence, on a calendar. This helps reduce anxiety about missing crucial steps and ensures you’re prepared if the tribunals service or courts and tribunals service requests additional information.

Remember, you have the right to attend your hearing in person, and you can bring a representative, friend, or family member for support. If you need accessibility services, such as a British Sign Language interpreter, the tribunal service can help you arrange this—just let them know in advance. The independent tribunal will consider all the evidence you provide, and you’ll have the opportunity to explain your child’s needs in your own words.

If you’re worried about missing a deadline, know that late appeals can sometimes be accepted if you have a good reason. And if you’re not satisfied with the outcome at the first-tier tribunal, you may be able to take your case to the upper tribunal for further review. Understanding these options can help you feel more in control and less anxious about the process.

Throughout your appeal, the DWP or tribunal may request additional evidence or clarification. Responding promptly and keeping copies of all correspondence can help things run smoothly. If you’re unsure about any request or need guidance on what to submit, don’t hesitate to seek advice from a professional or support service.

Finally, if the stress or anxiety becomes overwhelming, consider reaching out to a mental health professional. Many people find it helpful to talk through their worries and get practical coping strategies. Remember, you’re not alone—many families have successfully navigated benefit appeals, and support is available every step of the way.

By staying informed, seeking advice, and accessing the right support, you can manage the stress of the DLA appeals process and give yourself the best chance of achieving a positive outcome for your child.

Why use our service?

Our service covers appeals related to benefit payment decisions, ensuring you have expert support throughout the process.

• Specialist drafting: We translate your child’s day-to-day realities into the legal language the DWP and HM Courts & Tribunals Service understand, and can help you request a reconsideration if needed.

• Evidence strategy: We identify gaps and secure focused medical evidence and school corroboration.

• Representation: We prepare you for questions and support you through the hearing before the independent panel (tribunal), and can respond to tribunal or DWP communications on your behalf.

• No-win-no-fee: No upfront costs; our focus is on getting the decision changed.