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JIM STRANG
WELFARE RIGHTS AND EMPLOYMENT LAW CONSULTANTS
This article has been reproduced with the kind permission of 'The Wirral Globe'/Jim Strang.
SHOULD I APPEAL AGAINST THE DSS DECISION?
This week the topic deals with the question "Should I appeal against the decision of the DSS?".
Many people ask themselves this question every day and for some unknown reason or another do not appeal
against the DSS decision. In many cases this decision is wrong and as a result money that you may be legally
entitled to is lost.
WHO MAKES THE DECISIONS?
Most decisions on Social Security benefits are taken by adjudication officers (AO's) in your local DSS office.
Some decisions relating to medical matters are taken by adjudicating medical authorities (AMA).
APPEALS
You have the right to appeal against any decision taken by an adjudication officer (AO). The Social Security
legislation is very complicated and it is not suprising that people get confused with the decisions and the
reasons given by the DSS. Some decisions by the DSS to refuse or reduce benefits are clearly wrong while
others are certainly debateable.
ASKING FOR AN APPEAL
You can complete the form at the back of leaflet NI 246, which you can get from the local DSS office. If you
do not use the form then your appeal letter must contain the date of the decision appealed against as well as the
benefit you are appealing about, with a brief statement of the reasons for your appeal.
TIME LIMITS
An appeal must be made within three months of the date the decision was sent to you. This is usually the date at
the top of the letter. If your appeal does not contain all the required details the chair or the clerk has the power to
extend the three month time limit by up to 14 days. If you are outside the time limit there are strict conditions
to satisfy before a late appeal wil be accepted.
WHY APPEAL?
As many people will be aware the DSS are conducting a drive through the integrity programme to remove people from
disability living allowance. In many cases the benefit is restored on appeal and in some cases increased. There
is also a purge on people in receipt of incapacity benefit and as with DLA many of these decisions are wrong.
ADVICE
If you get an adverse decision then the first thing you should do is to seek advice. There are a number of advice
agencies who can help. Even if you think the decision is right then you should still seek advice from an expert in
this field.
IF YOU NEED TO KNOW MORE ABOUT THIS ARTICLE OR ANY OTHER WELFARE RIGHTS OR EMPLOYMENT PROBLEM THEN WRITE TO:
(ENCLOSING A STAMPED ADDRESSED ENVELOPE FOR A REPLY)
JIM STRANG
8 Fairbeech Court
Beechwood
Birkenhead
Merseyside L43 7SZ
IF YOU WISH MR STRANG TO ACT ON YOUR BEHALF THEN GIVE HIM A RING ON:
TELEPHONE: 0151 606 1188
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