Benefits Appeals: getting legal help

Representation

Having your benefits application/renewal turned down can be a hugely frustrating experience; you are probably feeling angry that your condition and needs have not been properly considered and are wondering whether you can cope with the stress of appealing. However it is worth noting that a high percentage of appeals are successful (Benefits and Work advise that your chances are around 70% if you opt for an oral hearing and have an advocate) so if you still feel that you meet the necessary criteria it could well be worth challenging the DWP’s decision.
If you go ahead and decide to appeal, the importance of doing everything you can to obtain professional advice and representation cannot be stressed enough. There are several options available to you:

Solicitors

There are many solicitors in London who have teams specialising in benefit law. If you are claiming Income support then you’ll automatically qualify for Legal Aid. Otherwise the rules surrounding Legal Aid are more complex; however, if your gross monthly income is below £2,350 you may still qualify for assistance. (See the Citizens Advice website for more information: www.adviceguide.org.uk).

The best method of finding a solicitor is to look up the details of local firms in your Yellow Pages and then contact them directly to see if they have a specialist team. The Legal Services website also has contact details of registered solicitors: you can find this and detailed information on Legal Aid at www.legalservices.gov.uk

Bear in mind that although Legal Aid will pay for a solicitor to prepare the papers for an appeal, it does not provide funding for any representation at the hearing itself. You will have to find an advocate to act on your behalf separately and you may not be eligible for Legal Aid for this if you already have a solicitor. The Free Representation Unit may still be able to provide an advocate even if you are already claiming Legal Aid. However, it is difficult to get someone to agree to come to a hearing at short notice and you may not know before the day of the hearing itself if someone can represent you. This is obviously not ideal and so you should probably consider finding assistance from another organisation. Get in touch with those mentioned below directly to find out exactly where you stand.

It is well worth making that extra effort to ensure you have an advocate to represent you at the hearing: they can clearly put forward the key points of your case if you are suffering from nerves and/or brain-fog and it will undoubtedly increase the chances of your claim being successful.

Other Organisations

Community Legal Service Direct has a searchable database of organisations who may be able to help in your area, including local Citizens Advice Bureaux, Law Centres and Welfare Rights Organisations. Tel: 0845 345 4345 (9-6.30pm Mon-Fri) www.clsdirect.org.uk

Citizens Advice workers often have little specialist knowledge of the complexities surrounding benefit law, but may be a route to others who can help you (for example some agencies that provide free legal advice will not take you without a referral from a CAB or similar).

You may be able to find a Welfare Rights Advisor through a voluntary organisation to assist you with your appeal. Welfare rights advisors can help both with preparing the written documentation necessary for an appeal (known as the ‘submission’) and can also act as an advocate to represent you at the hearing itself. The details of local voluntary organisations who have supported members’ claims in the past are given below:

Islington Peoples Rights (IPR)
6-9 Manor Gardens
London
N7 6LA
Telephone Advice Line: 020 7561 3685
Website: This is unavailable at present as it is being updated.
The Telephone Advice Line is available at the following times: Monday to Fridays: 2.00pm to 4.00pm.

“Seem ok, though I’ve done most of the work myself” “Must be good because I didn’t have to go to appeal” “they seem competent”

Disability Law Service
39 45 Cavell Street
London
E1 2BP
Tel: 020 7791 9800
Fax: 020 7791 9802
Minicom: 020 7791 9800
Email: advice@dls.org.uk
Website: Not available at present as its being updated.
The Switchboard is open for enquiries Monday to Friday 10.00am to 1.00pm and 2.00pm to 5.00pm.
Please note that the Disability Law Service currently only have one Welfare Rights Adviser working on DLA cases

Enfield Disability Action
311 Fore Street
Edmonton
London N9 OPZ
Tel: 0208 373 6228
www.e-d-a.org.uk

Free Representation Unit (FRU),
6th Floor
289-293 High Holborn
London WC1V 7HZ
Tel: 020 7611 9555
Email: admin@freerepresentationunit.org.uk

Excellent reports on them from two members (referred on to them by Citizens Advice Bureaux)

DISC (Disability in Camden)
58 Phoenix Road,
London, NW1 1EU
advice@discnwl.org.uk
Tel: 020 7387 1466

“incredibly good helping me fill in forms; fortunately I didn't need to go to appeal [but they] assured me that they would help me every step of the way”

Law Centres

A Law Centre is located in each of the London boroughs the network’s membership covers. You can find one in your area by looking on their website: www.lawcentres.org.uk
They will be able to offer free legal help and will have Welfare Rights advisers who specialise in benefit law. However, you may need to be referred by your local Citizens’ Advice Bureaux; contact the centre directly for details.

Benefits and Work guides

The NLME Network is a member of the excellent Benefits and Work organisation who produce guides taking you through each stage of initial benefits claims, appeals and renewals. The guides are very detailed and provide a wealth of useful information relating to each aspect of your claim or appeal. We now also keep a list of questions on file which other members have been asked at their appeal hearings so that others have an idea of what might lie in store for them.

And finally…

If you do decide to go ahead and appeal, GOOD LUCK!